Dart & Anor v Singer

[2010] QCA 185

Queensland Court of Appeal

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › Costs
3. › Interlocutory proceedings
4. › Costs of unsuccessful stay applications
5. › Whether party who failed to ask for costs at time of refusal entitled to costs
6. › Whether costs follow the event
1. Practice and Procedure
2. › Costs
3. › Interlocutory proceedings
4. › Whether order refusing stay application is interlocutory or final
1. Practice and Procedure
2. › Interlocutory orders
3. › Stay of proceedings
4. › Nature of stay orders
5. › Whether refusal of stay is interlocutory or final order

Quick Take

A party who succeeds in resisting an interlocutory stay application does not forfeit entitlement to costs by failing to ask for costs at the time the stay is refused; costs are ordinarily encompassed by a subsequent general costs order. However, the prudent practice is to request a specific costs order at the time of the interlocutory determination or when judgment is delivered.