Cosmos E-C Commerce Pty Ltd v Sue Bidwell & Associates Pty Ltd (No 2)

Cosmos E-C Commerce Pty Ltd (the claimant) and Sue Bidwell & Associates Pty Ltd (the opponent) were parties to proceedings before the Supreme Court of New South Wales. The dispute concerned the costs of certain interlocutory orders made on 18 May 2005, which had set down the proceedings for hearing on the question of damages and required the parties to file and serve evidence in relation to that question. The claimant sought to vacate these orders.

The primary legal issue before the Court was whether the previously made orders regarding the setting down of the damages hearing and the filing of evidence should be set aside. A secondary issue, though not explicitly detailed in the provided text, related to whether the costs of the post-judgment submissions themselves should be awarded.

The Court determined that the orders of 18 May 2005 should be vacated. The reasoning for this decision is not elaborated upon in the provided text, but the outcome was to set aside the order that the proceedings be set down for hearing on 30 July 2004 on the question of damages, as well as the consequential orders for the filing and service of evidence.

The Court made no order as to the costs of the post-judgment submissions.