Event and Time
Event Description
On 10 December 2021, Her Honour Judge A Ryan delivered a ruling regarding an application for review of previous orders, specifically concerning costs and the confirmation of an instalment order made on 15 November 2018.
Application and Claims
- The defendants successfully applied for a review of an order made by Judicial Registrar Burchell on 12 August 2020.
- The plaintiffs argued against the costs following the event, citing special circumstances due to their successful standing before the Judicial Registrar.
- The defendants sought indemnity costs based on the plaintiffs’ rejection of an offer to discontinue proceedings.
Judicial Decisions
- The judge confirmed the defendants’ success in the review, ruling that the original costs order made by the Judicial Registrar should stand.
- The hearing de novo did not establish grounds for an indemnity costs award to the defendants nor for a reduction in costs to the plaintiffs.
Dispute Points and Legal Basis
Dispute Points
- Plaintiffs’ Claims:
- Asserted that costs should not follow the event due to successes in previous hearings. - Claimed that the defendants' actions caused a significant increase in costs and alleged contraventions of the Civil Procedure Act 2010. - Argued that new evidence presented should have been disclosed earlier, potentially avoiding further litigation costs.
- Defendants’ Claims:
- Asserted that the plaintiffs failed to accept a reasonable offer to discontinue and that costs should follow the event as outlined previously. - Contended the plaintiffs relied on assumptions rather than evidence in their original application. - Claimed that additional affidavits submitted were done with the consent of the plaintiffs, disputing their claims regarding the introduction of new information.