Interlocutory costs orders that have been assessed and taken effect as judgments under UCPR r 740 are final orders, and the successful party is entitled to enforce them unless the other party demonstrates special or exceptional circumstances warranting a stay. Delay in bringing a stay application, particularly after participating in the assessment process, is a significant factor against the grant of a stay. The absence of a provision equivalent to O 62 r 3 of the Federal Court Rules means Queensland does not automatically defer enforcement of interlocutory costs orders until the conclusion of the principal proceeding.
The full text is available to signed-in members, including the 17 later cases that cite this judgment.
3 of the 17 citing cases carry a classified treatment. How each court treated it is available to signed-in members.