Kieren Leslie Welzel v Stephen Paul Francis (No 3) [2011] NSWSC 858

Kieren Leslie Welzel v Stephen Paul Francis (No 3) [2011] NSWSC 858

The plaintiff engaged in unreasonable conduct by failing to disclose relevant facts about his financial position and property interests, which justified awarding the defendant his costs of the motion, including related applications. However, costs were not ordered payable forthwith, as such an order risked...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
09 August 2011
Procedural Posture
Interlocutory Motion / Costs Determination Following Motion and Applications
Outcome
Costs order in favour of defendant; no order for costs of hearing on 9 August 2011
Legal Topics
['costs' 'security for Costs' 'interlocutory Decisions']
['civil Procedure'] ['costs' 'security for Costs' 'interlocutory Decisions']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Interlocutory Motion / Costs Determination Following Motion and Applications

Legal Issues

  1. 1 ["Whether the plaintiff should pay the costs of the defendant's motion for additional security" 'Whether costs should be payable forthwith under Practice Note SC Eq 3' 'Whether general rule that costs are costs in the cause applies where a party engages in unreasonable conduct' 'Whether costs should be limited due to alleged disproportionality']

Ratio Decidendi

The plaintiff engaged in unreasonable conduct by failing to disclose relevant facts about his financial position and property interests, which justified awarding the defendant his costs of the motion, including related applications. However, costs were not ordered payable forthwith, as such an order risked stultifying the proceedings.

Court Disposition

Costs order in favour of defendant; no order for costs of hearing on 9 August 2011

Orders

  • ["The plaintiff to pay all costs of the defendant's motion dated 3 March 2011, including costs of the application before the Chief Judge in Equity on 22 June 2011 to set aside subpoenas." 'There be no order for the costs of the hearing on 9 August 2011.']