Wreford v Castleyheard Pty Ltd

[2022] WASCA 91

Western Australia Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of enforcement of costs order pending appeal
4. › Appropriate form of stay order
5. › Whether stay should extend to preventing taxation of costs and preparatory costing work
1. Practice and Procedure
2. › Costs
3. › Costs of interlocutory application
4. › Costs in the cause
5. › Failure to confer with opposing parties before making application
6. › Effect on costs order

Quick Take

A stay of enforcement of a costs order pending appeal should expressly address whether taxation of costs is also stayed, as a bare stay of enforcement may not clearly prevent taxation. A party's failure to confer with opponents before making an interlocutory application may result in an adverse costs order even where the substantive relief is granted.

Case Details

Citation[2022] WASCA 91

CourtWASCA

JurisdictionWestern Australia

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Cited by1

2025Wreford v Moray & AgnewWASC 280

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