Islam v Javam [2018] NSWSC 1592

Islam v Javam [2018] NSWSC 1592

The Court reserved the question of costs because the plaintiff's appeal had not yet been finally determined, the parties had agreed that the Tribunal dispute should continue with the plaintiff receiving credit for $20,000, and the outcome or settlement of the Tribunal proceedings may inform the proper costs order and avoid narrowing settlement negotiations.

Jurisdiction
Australia
Judgment Date
22 October 2018
Procedural Posture
Appeal / Costs Reserved After Directions Following Earlier Reasons for Judgment
Outcome
Costs reserved; parties directed to provide written submissions after Tribunal reasons or settlement; liberty to apply granted.
Legal Topics
['costs Reserved' 'costs of Appeal' 'tribunal Proceedings' 'liberty to Apply']
['civil Procedure' 'costs'] ['costs Reserved' 'costs of Appeal' 'tribunal Proceedings' 'liberty to Apply']

Case Brief

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Procedural Posture

Appeal / Costs Reserved After Directions Following Earlier Reasons for Judgment

Legal Issues

  1. 1 ["Whether the question of costs of the plaintiff's appeal to the Court should be determined immediately or await the outcome of the Tribunal proceedings." "Whether the plaintiff's appeal had been finally determined such that costs should follow the event."]

Ratio Decidendi

The Court reserved the question of costs because the plaintiff's appeal had not yet been finally determined, the parties had agreed that the Tribunal dispute should continue with the plaintiff receiving credit for $20,000, and the outcome or settlement of the Tribunal proceedings may inform the proper costs order and avoid narrowing settlement negotiations.

Court Disposition

Costs reserved; parties directed to provide written submissions after Tribunal reasons or settlement; liberty to apply granted.

Orders

  • ["I reserve the question of the costs of the plaintiff's appeal to this Court." 'I direct the parties, if so advised, to provide written submissions on that issue to my Associate within 21 days following the publication of reasons for judgment in the Tribunal or settlement, whichever applies.' "I grant liberty to...