Baikie v Huxley [2001] NSWSC 962

Baikie v Huxley [2001] NSWSC 962

The just approach is to order that the costs of the defendants in the prior dismissed proceedings follow the event in the current proceedings; a stay is not warranted and the application to transfer the proceedings from the Commercial List is refused.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
30 October 2001
Procedural Posture
Commercial List Equity Division / Interlocutory Application for Stay and Transfer; Costs Issues Following Prior Dismissal
Outcome
Application dismissed. Defendants' costs of prior proceedings to follow the event in the current proceedings. Costs of application are costs in the cause.
Legal Topics
['stay of Proceedings' 'transfer Between Lists' 'costs Following Prior Dismissal' 'inactive File Procedure']
['practice and Procedure'] ['stay of Proceedings' 'transfer Between Lists' 'costs Following Prior Dismissal' 'inactive File Procedure']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Commercial List Equity Division / Interlocutory Application for Stay and Transfer; Costs Issues Following Prior Dismissal

Legal Issues

  1. 1 ['Whether the present proceedings should be stayed under Pt 14B r 8 due to unpaid costs from previously dismissed proceedings' 'Whether proceedings should be transferred out of the Commercial List' 'Whether an order should be made for costs of prior proceedings']

Ratio Decidendi

The just approach is to order that the costs of the defendants in the prior dismissed proceedings follow the event in the current proceedings; a stay is not warranted and the application to transfer the proceedings from the Commercial List is refused.

Court Disposition

Application dismissed. Defendants' costs of prior proceedings to follow the event in the current proceedings. Costs of application are costs in the cause.

Orders

  • ["In proceedings no 11743/00, defendants' costs to follow the event of proceedings no 50126/01." 'Otherwise application dismissed.' 'Costs of application be costs in the cause.']