Terry v Huge Lights Pty Limited and Others (No 5) [2007] NSWIRComm 225

Terry v Huge Lights Pty Limited and Others (No 5) [2007] NSWIRComm 225

Because the respondents had addressed the abuse of process by paying the outstanding December 2005 costs order, and because the applicant ought to have accepted the respondents' December 2005 offer, justice required a costs order in favour of the respondents on the usual basis. However, the respondents' misconduct and the consequences of their earlier failure to comply with costs orders required exclusion of costs relating to falsified customs documents, steps after the August judgment to meet the December 2005 costs order and further pursue costs, and steps concerning the affidavit about allegations of contempt.

Jurisdiction
Australia
Judgment Date
03 September 2007
Procedural Posture
Application Under S.106 of the Industrial Relations Act 1996 / Costs Application After Stay of Further Consideration of Respondents' Costs Order Was Lifted
Outcome
Applicant ordered to pay the respondents' costs, as agreed or assessed, with specified exclusions.
Legal Topics
['costs' 'costs Order' 'stay' 'abuse of Process']
['industrial Law' 'civil Procedure'] ['costs' 'costs Order' 'stay' 'abuse of Process']

Case Brief

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Procedural Posture

Application Under S.106 of the Industrial Relations Act 1996 / Costs Application After Stay of Further Consideration of Respondents' Costs Order Was Lifted

Legal Issues

  1. 1 ['Whether a costs order should be made in favour of the respondents after they paid the outstanding December 2005 costs order' "Whether any categories of respondents' costs should be excluded from the costs order as a matter of justice"]

Ratio Decidendi

Because the respondents had addressed the abuse of process by paying the outstanding December 2005 costs order, and because the applicant ought to have accepted the respondents' December 2005 offer, justice required a costs order in favour of the respondents on the usual basis. However, the respondents' misconduct and the consequences of their earlier failure to comply with costs orders required exclusion of costs relating to falsified customs documents, steps after the August judgment to meet the December 2005 costs order and further pursue costs, and steps concerning the affidavit about allegations of contempt.

Court Disposition

Applicant ordered to pay the respondents' costs, as agreed or assessed, with specified exclusions.

Orders

  • ["The applicant is to pay the respondents' costs, as agreed or assessed, other than costs incurred in relation to the falsified customs documents." "The applicant is to pay the respondents' costs, as agreed or assessed, other than costs incurred in relation to the steps taken after the August judgment to meet the...