Williams v Pardoe and Ors [2004] NSWLEC 308

Williams v Pardoe and Ors [2004] NSWLEC 308

Because the final hearing of the Class 4 proceedings had recently concluded with judgment reserved, the Applicant's claims to final relief had expanded since the interlocutory injunction was determined, and other interlocutory costs questions in the proceedings were also reserved, adjudication of the Respondents' costs application should be deferred until costs are considered after delivery of the reserved final judgment.

Jurisdiction
Australia
Judgment Date
21 June 2004
Procedural Posture
Class 4 Proceedings / Notice of Motion by the First, Second and Third Respondents Seeking Costs in Respect of the Applicant's Unsuccessful Interlocutory Injunction Application; Final Hearing Concluded and Judgment Reserved
Outcome
Adjudication of the Respondents' costs application deferred.
Legal Topics
['class 4 Proceedings' 'interlocutory Injunction' 'costs Discretion' 'aboriginal Objects' 'national Parks and Wildlife Permit Conditions']
['costs' 'environmental Law'] ['class 4 Proceedings' 'interlocutory Injunction' 'costs Discretion' 'aboriginal Objects' 'national Parks and Wildlife Permit Conditions']

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Procedural Posture

Class 4 Proceedings / Notice of Motion by the First, Second and Third Respondents Seeking Costs in Respect of the Applicant's Unsuccessful Interlocutory Injunction Application; Final Hearing Concluded and Judgment Reserved

Legal Issues

  1. 1 ["Whether the first, second and third Respondents' application for costs in respect of the interlocutory injunction hearing should be determined immediately or deferred until after judgment in the final hearing." 'Whether the Applicant should be ordered to pay costs of the interlocutory injunction application that was refused.']

Ratio Decidendi

Because the final hearing of the Class 4 proceedings had recently concluded with judgment reserved, the Applicant's claims to final relief had expanded since the interlocutory injunction was determined, and other interlocutory costs questions in the proceedings were also reserved, adjudication of the Respondents' costs application should be deferred until costs are considered after delivery of the reserved final judgment.

Court Disposition

Adjudication of the Respondents' costs application deferred.

Orders

  • ["The adjudication on the Respondents' costs application be deferred until consideration of the question of costs that arises following delivery of the reserved judgment in the proceedings."]