The New South Wales Bar Association v Clarence James Stevens

[2005] NSWCA 351

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Reserved costs
4. › Interlocutory proceedings in which costs reserved
5. › Reserved costs not dealt with in order finally disposing of proceedings
6. › Whether general costs order encompasses reserved interlocutory costs
7. › Supreme Court Rules, Pt 52A r 16
1. Practice and Procedure
2. › Costs
3. › Discretion
4. › Delay in seeking costs orders
5. › Reserved costs forgotten for lengthy period
6. › Whether delay justifies order that each party pay own costs

Quick Take

Where costs of interlocutory proceedings have been expressly reserved, they are not encompassed by a general costs order finally disposing of the proceedings and require a special order. Lengthy unexplained delay in seeking reserved costs orders may result in the court exercising its discretion to order each party to pay its own costs.