Hardaker and Ors v Mana Island Resort (Fiji) Limited and Anor (No. 2) [2019] NSWSC 1100

Supreme Court New South Wales

Medium Neutral Citation: Hardaker and Ors v Mana Island Resort (Fiji) Limited and Anor (No. 2) [2019] NSWSC 1100 Hearing dates: 28 August 2019 Date of orders: 28 August 2019 Decision date: 28 August 2019 Jurisdiction: Common Law Before: Johnson J Decision: 1. Pursuant to Rule 42.7(2) Uniform Civil Procedure Rules 2005, the costs ordered by the Court on 5 December 2018 are payable by the Defendants forthwith. 2. The Defendants are to pay the Plaintiffs' costs of the Notice of Motion filed on 30 May 2019, with those costs also to be payable forthwith. Catchwords: COSTS – application for costs to be payable forthwith under Rule 42.7(2) Uniform Civil Procedure Rules 2005 (NSW) – where Notice of Motion contested on a discrete issue separate to principal proceedings – significant delay before Plaintiffs could recover costs – impecuniosity of unsuccessful party does not bear on exercise of discretion – interests of justice in exercise of discretion – appropriate to order costs be payable forthwith Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Fiduciary Limited v Morningstar Research Pty Limited (2002) 55 NSWLR 1; [2002] NSWSC 432 Hardaker and Ors v Manu Island Resort (Fiji) Limited and Anor [2018] NSWSC 1863 Hargood v OHTL Public Company Ltd (No. 2) [2015] NSWSC 511 In the Matter of Elsmore Resources Ltd [2014] NSWSC 1390 Northern Territory of Australia v Sangare [2019] HCA 25 Pavlovic v Universal Music Australia Pty Limited (No. 2) [2016] NSWCA 31 Royal Australian Naval Reserve Rifle Club Inc v New South Wales Rifle Association Inc [2010] NSWSC 351 Texts Cited: --- Category: Costs Parties: Vanessa Leigh Hardaker (First Plaintiff) Georgia Hardaker by her next friend Vanessa Leigh Hardaker (Second Plaintiff) Sam Timothy Hardaker by his next friend Vanessa Leigh Hardaker (Third Plaintiff) Jake Timothy Hardaker by his next friend Vanessa Leigh Hardaker (Fourth Plaintiff) Mana Island Resort (Fiji) Limited (trading as Mana Island Resort and Spa) (First Defendant) Jim Bete (Second Defendant) Representation: Counsel: Mr ARG Johnson (Plaintiffs) Mr M Hutchings (First Defendant)