ASH STREET PROPERTIES PTY LTD AND ORS v POLLNOW AND ORS [1992] NSWCA 11

ASH STREET PROPERTIES PTY LTD AND ORS v POLLNOW AND ORS [1992] NSWCA 11

The delay in proceeding with the taxation of costs, even if deliberate and motivated by improper advantage, is not sufficient to justify a permanent stay of taxation in the absence of material prejudice to the claimant. Mitigating and countervailing factors include claimant's ability to access relevant files, the onus on the taxing party, and the fact that interest on costs does not accrue during the delay.

Parties
Opponents: Ash Street Properties Pty Ltd and Ors; Claimant: Pollnow and Ors
Jurisdiction
Australia
Judgment Date
26 October 1992
Procedural Posture
Notice of Motion in Appellate Proceedings / Post Judgment, Application for Permanent Stay of Taxation of Costs and for Extension of Time to File Objections
Outcome
Notice of motion dismissed in part; extension of time for objections granted; claimant to pay three-quarters of opponents' costs of the motion.
Legal Topics
Taxation of Costs, Stay of Proceedings, Abuse of Process, Extension of Time for Objections
Civil Procedure Costs Taxation of Costs Stay of Proceedings Abuse of Process Extension of Time for Objections

Case Brief

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Parties

Ash Street Properties Pty Ltd and Ors

Opponents

Pollnow and Ors

Claimant

Procedural Posture

Notice of Motion in Appellate Proceedings / Post Judgment, Application for Permanent Stay of Taxation of Costs and for Extension of Time to File Objections

Legal Issues

  1. 1 Whether proceedings for taxation of costs should be permanently stayed due to delay and claimed prejudice to the claimant
  2. 2 Whether the time for lodgment of objections to items in the costs bill should be further extended

Ratio Decidendi

The delay in proceeding with the taxation of costs, even if deliberate and motivated by improper advantage, is not sufficient to justify a permanent stay of taxation in the absence of material prejudice to the claimant. Mitigating and countervailing factors include claimant's ability to access relevant files, the onus on the taxing party, and the fact that interest on costs does not accrue during the delay.

Court Disposition

Notice of motion dismissed in part; extension of time for objections granted; claimant to pay three-quarters of opponents' costs of the motion.

Orders

  • The proceedings on the taxation of costs are not permanently stayed.
  • Extension granted to 13 December 1992 for claimant to amend Notice of Objection.