ROGERS v WENTWORTH [1994] NSWCA 267

ROGERS v WENTWORTH [1994] NSWCA 267

The primary question of whether leave should be granted to appeal the costs order is reserved pending further developments on unresolved matters (notably the malicious prosecution action and associated costs), and the court is not able to finally dispose of all outstanding issues until these matters have been clarified or determined.

Parties
Claimant: Rogers; Respondent: Wentworth; Mr S Russo
Jurisdiction
Australia
Judgment Date
17 August 1994
Procedural Posture
Application for Leave to Appeal and Extension of Time / Interlocutory (application for Leave to Appeal From Costs Order; Some Costs and Interest Issues Dealt With, Substantive Matters Outstanding)
Outcome
Orders accordingly; application for extension of time and leave to appeal considered, some issues reserved awaiting further action or clarification.
Legal Topics
Extension of Time, Leave to Appeal, Costs Orders, Interest on Judgment, Procedure Following Retrial
Civil Procedure Extension of Time Leave to Appeal Costs Orders Interest on Judgment Procedure Following Retrial

Case Brief

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Parties

Rogers

Claimant

Wentworth

Respondent

Mr S Russo

Procedural Posture

Application for Leave to Appeal and Extension of Time / Interlocutory (application for Leave to Appeal From Costs Order; Some Costs and Interest Issues Dealt With, Substantive Matters Outstanding)

Legal Issues

  1. 1 Whether leave to appeal should be granted against an order for costs under s 101(2)(c)
  2. 2 Whether order for costs and interest made by Sully J was correct
  3. 3 Whether the Court of Appeal has authority to determine costs of previous (Maxwell J) trial

Ratio Decidendi

The primary question of whether leave should be granted to appeal the costs order is reserved pending further developments on unresolved matters (notably the malicious prosecution action and associated costs), and the court is not able to finally dispose of all outstanding issues until these matters have been clarified or determined.

Court Disposition

Orders accordingly; application for extension of time and leave to appeal considered, some issues reserved awaiting further action or clarification.

Orders

  • Extension of time consented to by respondent
  • Leave to appeal argued but not finally resolved pending outstanding matters