Conway-Cook v Town of Kwinana

In the case of Conway-Cook v Town of Kwinana, the plaintiff, Conway-Cook, pursued legal action against the defendant, the Town of Kwinana, seeking a special costs order. The proceedings were concluded with a judgment in favour of Conway-Cook, but a significant delay occurred in the application for costs, which was lodged 11 months after the judgment was handed down. The Federal Circuit Court of Australia was tasked with determining the appropriate costs to be awarded.

The court was required to address whether the delay in Conway-Cook's application for costs was justified and whether it warranted an order for special costs. The court also needed to consider whether the existing scale of costs was adequate to cover the expenses incurred by Conway-Cook. The primary issue was whether the delay in applying for costs, coupled with the nature of the proceedings, justified an award of special costs beyond the standard costs scale.

The court found that the delay in Conway-Cook's application for costs was undue and did not justify an award of special costs. The existing scale of costs was deemed adequate to cover the expenses incurred. The court emphasised the importance of timely applications for costs and highlighted that the delay in this case did not meet the threshold for special costs. Consequently, the application for special costs was dismissed, and Conway-Cook was limited to costs in accordance with the existing scale.