Darrow and Malden and Ors

In the matter of Darrow and Malden and Ors, Rees J of the Supreme Court of Victoria was required to consider an application by the respondents to dismiss the applicant's amended initiating application and any response. The proceedings concerned a dispute between the parties, the precise nature of which is not detailed in the provided text.

The central legal issue before the Court was whether it possessed the jurisdiction to make orders for costs in the proceedings, given the dismissal of the applicant's initiating application. The Court also had to determine the appropriate course of action regarding the costs of the proceedings, including the need for further submissions and evidence from the parties.

Rees J ordered the dismissal of the applicant's amended initiating application and any response. The Court granted leave for all parties to make oral applications for costs and listed these applications for a hearing. Crucially, the Court directed the applicant to file written submissions concerning the Court's jurisdiction to make costs orders, with respondents to file their submissions and affidavit material, including financial position details for the first respondent, followed by the applicant's response.