Oliver Hume Property Funds (Hackham) Pty Ltd v Yas Property and Development Pty Ltd; Yas Property and Development Pty Ltd v Oliver Hume Property Funds (Hackham) Pty Ltd (No 2)

[2026] SASC 111

Supreme Court of South Australia

Built by Barristers,
For Australian Law.

The presumptive position under Uniform Civil Rules 2020 (SA) r 194.4(5) is that costs of interlocutory applications are costs in the cause unless the court otherwise orders.
Where interlocutory applications involve extensive evidence and submissions on issues likely to be central at trial, and the applications were determined on balance of convenience rather than final determination of discrete points, costs in the cause is the appropriate order.
There is a real risk of unfairness in awarding interlocutory costs to a successful respondent where the applicant may yet succeed at trial on the underlying substantive issues.

Citation[2026] SASC 111

CourtSASC

JurisdictionSouth Australia

The full text is available to signed-in members.

Already have an account? Sign in