Cameron v Ofria

The appeal concerned an interlocutory costs order made by the District Court of New South Wales. The appellant, Mr Cameron, sought to have the order set aside, which had directed that he not be given a hearing date for his cross-claim unless and until he paid the respondent's costs of that cross-claim.

The central legal issue before the Court of Appeal was whether the trial judge had erred in exercising his discretion by making such an order. Specifically, the court considered whether the discretion had been exercised for penal purposes and whether the trial judge had failed to consider relevant affidavit material presented by the appellant when making the decision.

The Court of Appeal found that the trial judge had erred in his exercise of discretion. The court determined that the order was punitive in nature and that the trial judge had failed to consider the appellant's affidavit material, which was relevant to the question of whether the costs order should be made. Consequently, the court upheld the appeal and set aside the orders of the District Court to the extent that they directed the appellant to pay the respondent's costs of the cross-claim as a condition precedent to obtaining a hearing date. The court ordered that Mr Cameron and Mr Ofria pay their own costs, with no order made for costs concerning Mrs Ofria. A Suitor's Fund certificate was to be issued to Mr and Mrs Ofria if they otherwise qualified.