NSW v Hamod & Ors

[2011] NSWCA 376

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Set-off of costs orders
3. › Interlocutory costs ordered payable forthwith
4. › Subsequent costs order against same party at trial
5. › Whether interlocutory costs should be set off against trial costs
6. › Whether prior order for costs payable forthwith was relevant consideration
7. › Discretion to order set-off
8. › UCPR r 42.7
1. Appeal
2. › Standard of appellate review
3. › Appeal from discretionary decision on costs
4. › Whether error established within House v The King principles
5. › Whether result so unreasonable or unjust as to suggest error

Quick Take

An order that interlocutory costs be 'assessed and payable forthwith' under UCPR r 42.7 means only that the costs are payable prior to the conclusion of the proceedings, not that they must be paid with special promptness. Where such an order was made with contemplation of a possible future contrary costs order, that is a relevant consideration in the exercise of the discretion whether to set off the interlocutory costs against the later costs order. The existence of the later costs order does not constitute a 'change of circumstances' that renders the prior order irrelevant.