Collins v McElhone [2007] NSWLEC 45

No disentitling conduct was shown; events after delivery of the final judgment are not relevant to issuing costs, and the respondent is entitled to costs as the successful party.

Jurisdiction: Australia
Judgment Date: 02 February 2007
Procedural Posture: Class 4 Civil Enforcement Proceedings / Post Judgment Costs Determination
Outcome: Applicant to pay respondent's costs of proceedings and costs of motion.
Legal Topics: ['exercise of Discretion to Award Costs' 'disentitling Conduct' 'prematurity of Costs Application']

['costs' 'civil Procedure'] ['exercise of Discretion to Award Costs' 'disentitling Conduct' 'prematurity of Costs Application']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Post Judgment Costs Determination

Legal Issues

1 ['Whether costs should be awarded to the respondent' 'Whether respondent engaged in disentitling conduct' 'Whether the application for costs is premature']

Ratio Decidendi

No disentitling conduct was shown; events after delivery of the final judgment are not relevant to issuing costs, and the respondent is entitled to costs as the successful party.

Court Disposition

Applicant to pay respondent's costs of proceedings and costs of motion.

Orders

["The Applicant is to pay the Respondent's costs of the substantive hearing." "The Applicant is to pay the Respondent's costs of today's notice of motion." 'Exhibits may be returned']