Clare and Chua

In the matter of *Clare and Chua*, heard before Williams J, the dispute concerned the costs of proceedings. The applicant sought an order for the respondent to pay their party/party costs and disbursements related to a threshold proceeding commenced on 18 December 2017, an Application in a Case filed on 9 December 2019, and the preparation of costs submissions.

The central legal issue before the court was the quantum and allocation of costs. Specifically, the court was required to determine whether the respondent should be ordered to pay the applicant's costs for the identified proceedings and submissions, and if so, the mechanism for their quantification.

Williams J ordered that the respondent pay the applicant’s party/party costs and disbursements for the threshold proceeding, the Application in a Case, and the preparation of costs submissions. These costs were to be agreed between the parties, or failing agreement, to be taxed. The payment was to be made within 30 days of agreement on the quantum of costs, or within 30 days of the determination of taxed costs.