Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188

Moubarak by his tutor Coorey v Holt (No 2) [2019] NSWCA 188

Due to significant delays by the appellant in filing applications for a stay and leave to appeal, and failures to seek expedition, ordinary costs rules are displaced. The respondent is to pay the appellant’s costs of the application for leave to appeal in this Court and the hearing of the notice of motion determined by Wilson DCJ; however, the appellant must pay any costs incurred by the respondent in preparation for District Court trial between 20 October 2018 and 24 April 2019. Other District Court costs orders remain undisturbed except for those related to the notice of motion.

Jurisdiction
Australia
Judgment Date
31 July 2019
Procedural Posture
Appeal / Post Appeal Costs Determination
Outcome
Special costs orders made; costs allocated both ways due to delays and conduct
Legal Topics
['appeals' 'costs Orders' 'delay in Seeking Relief' 'permanent Stay' 'pleadings and Particulars']
['civil Procedure' 'costs'] ['appeals' 'costs Orders' 'delay in Seeking Relief' 'permanent Stay' 'pleadings and Particulars']

Case Brief

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Procedural Posture

Appeal / Post Appeal Costs Determination

Legal Issues

  1. 1 ['Whether the general rule that costs follow the event should be displaced in light of delay and other features of proceedings' 'Appropriate costs orders in appeal and District Court proceedings where delays occurred in seeking a permanent stay and leave to appeal']

Ratio Decidendi

Due to significant delays by the appellant in filing applications for a stay and leave to appeal, and failures to seek expedition, ordinary costs rules are displaced. The respondent is to pay the appellant’s costs of the application for leave to appeal in this Court and the hearing of the notice of motion determined by Wilson DCJ; however, the appellant must pay any costs incurred by the respondent in preparation for District Court trial between 20 October 2018 and 24 April 2019. Other District Court costs orders remain undisturbed except for those related to the notice of motion.

Court Disposition

Special costs orders made; costs allocated both ways due to delays and conduct

Orders

  • ["Order that the respondent pay the appellant's costs of the application for leave to appeal in this Court and the costs of and incidental to the hearing of the notice of motion determined by Wilson DCJ on 24 September 2018." 'Order that the appellant pay any costs incurred by the respondent in the period between 20...