RAJSKI v BAINTON [1992] NSWCA 196

RAJSKI v BAINTON [1992] NSWCA 196

No sufficient reason was shown to discharge the stay on taxation of costs, as the factors considered by the President were relevant and within discretion; subsequent developments did not justify alteration of the order.

Parties
Plaintiff: URJ Rajski; Defendant: Bainton
Jurisdiction
Australia
Judgment Date
22 June 1992
Procedural Posture
Application / Motion to Discharge Stay Order
Outcome
application dismissed with costs
Legal Topics
Stay of Costs Taxation, Discharge of Stay Order, Exercise of Discretion in Procedural Orders
Civil Procedure Stay of Costs Taxation Discharge of Stay Order Exercise of Discretion in Procedural Orders

Case Brief

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Parties

URJ Rajski

Plaintiff

Bainton

Defendant

Procedural Posture

Application / Motion to Discharge Stay Order

Legal Issues

  1. 1 Whether the order staying taxation of costs should be discharged
  2. 2 Whether the President took into account irrelevant considerations
  3. 3 Whether subsequent events justify altering the stay order

Ratio Decidendi

No sufficient reason was shown to discharge the stay on taxation of costs, as the factors considered by the President were relevant and within discretion; subsequent developments did not justify alteration of the order.

Court Disposition

application dismissed with costs

Orders

  • Application to discharge stay order is dismissed with costs