Trad v Harbour Radio Pty Ltd [2016] NSWCA 80

Trad v Harbour Radio Pty Ltd [2016] NSWCA 80

There was no extant order for trial costs at the time the certificate of costs assessment was filed and judgment entered; the omission to make a new costs order was an accidental omission correctable under the slip rule; therefore, the judgment based on the certificate was invalid and should be set aside, but a fresh costs order (identical to the original) should now be made, and the existing assessment certificate could be used for enforcement.

Parties
Applicant: Keysar Trad; Respondent: Harbour Radio Pty Ltd
Jurisdiction
Australia
Judgment Date
18 April 2016
Procedural Posture
Civil Appeal / Leave to Appeal and Appeal Judgment
Outcome
Leave to appeal granted; appeal allowed; earlier orders set aside; fresh orders as to costs made via slip rule; existing assessment certificate available for filing.
Legal Topics
Interpretation of Costs Orders, Enforcement of Costs Certificates, Slip Rule Applications, Validity of Certificates Under Stayed or Set Aside Orders
Civil Procedure Defamation Costs Interpretation of Costs Orders Enforcement of Costs Certificates Slip Rule Applications Validity of Certificates Under Stayed or Set Aside Orders

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 13 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

Keysar Trad

Applicant

Harbour Radio Pty Ltd

Respondent

Procedural Posture

Civil Appeal / Leave to Appeal and Appeal Judgment

Legal Issues

  1. 1 Whether a valid and extant order for trial costs existed after appellate/remittal proceedings
  2. 2 Whether a further order for trial costs could be made under the slip rule (r 36.17 UCPR 2005 (NSW))
  3. 3 Whether the certificate of costs assessment remained valid after the underlying order was set aside

Ratio Decidendi

There was no extant order for trial costs at the time the certificate of costs assessment was filed and judgment entered; the omission to make a new costs order was an accidental omission correctable under the slip rule; therefore, the judgment based on the certificate was invalid and should be set aside, but a fresh costs order (identical to the original) should now be made, and the existing assessment certificate could be used for enforcement.

Court Disposition

Leave to appeal granted; appeal allowed; earlier orders set aside; fresh orders as to costs made via slip rule; existing assessment certificate available for filing.

Orders

  • Extension of time granted to serve application for leave to appeal up to 18 August 2015.
  • Leave to appeal granted; appellant to file draft notice of appeal within seven days.