Moubarak by his tutor Coorey v Holt (No 2)

[2019] NSWCA 188

NSW Court of Appeal

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Interrogate

Catchwords

1. Costs
2. › Exceptions to general rule that costs follow the event
3. › Delay in bringing application for permanent stay of proceedings
4. › Delay in seeking leave to appeal refusal of stay
5. › Failure to seek expedition of appeal in respect of ongoing proceedings
1. Practice and Procedure
2. › Permanent stay of proceedings
3. › Abuse of process
4. › Obligation to bring stay applications promptly
5. › Consequences of delay in seeking stay
1. Practice and Procedure
2. › Appeals
3. › Application for leave to appeal
4. › Delay in filing application for leave to appeal
5. › Notice of intention to appeal
6. › Obligation to seek expedition where proceedings ongoing
7. › Civil Procedure Act 2005 (NSW), ss 56, 59
1. Practice and Procedure
2. › Pleadings
3. › Particulars
4. › Further and better particulars
5. › Obligation of practitioners to facilitate overriding purpose of Civil Procedure Act 2005 (NSW)
6. › Uniform Civil Procedure Rules 2005 (NSW), r 15.1

Quick Take

Delay in seeking a permanent stay of proceedings and in prosecuting an appeal from refusal of a stay may result in the successful party being ordered to pay the other side's wasted trial preparation costs, even where the stay is ultimately granted on appeal.