Gorczynski v Leichhardt Municipal Council & Ors No. 2 [Costs] [2002] NSWLEC 73

Gorczynski v Leichhardt Municipal Council & Ors No. 2 [Costs] [2002] NSWLEC 73

Because the Court was faced with conflicting versions of past events, it was impossible to determine the respondents' application for costs at that stage; the appropriate course was to make the consent orders contained in the short minutes and reserve all questions of costs.

Jurisdiction
Australia
Judgment Date
04 March 2002
Procedural Posture
Costs; Interlocutory Proceedings / Application for Costs Opposed; Ex Tempore Judgment
Outcome
Orders made in accordance with the short minutes of order and all questions of costs reserved.
Legal Topics
['interlocutory Proceedings' 'costs Reserved' 'indemnity Costs' 'costs Thrown Away']
['costs' 'civil Procedure'] ['interlocutory Proceedings' 'costs Reserved' 'indemnity Costs' 'costs Thrown Away']

Case Brief

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Procedural Posture

Costs; Interlocutory Proceedings / Application for Costs Opposed; Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the respondents' application for costs should be determined at this stage of the proceedings or whether all questions of costs should be reserved."]

Ratio Decidendi

Because the Court was faced with conflicting versions of past events, it was impossible to determine the respondents' application for costs at that stage; the appropriate course was to make the consent orders contained in the short minutes and reserve all questions of costs.

Court Disposition

Orders made in accordance with the short minutes of order and all questions of costs reserved.

Orders

  • ['Orders 1, 2, 3, 4, 5, 6, 8 and 9 in the proposed short minutes of order were made.' 'All questions of costs were reserved.' 'The handwritten notation was struck out.' "The transcript of the morning's hearing was ordered."]