Du Aus Pty Ltd v Riviera Cove Pty Ltd (No 2)

Du Aus Pty Ltd was involved in a legal dispute with Riviera Cove Pty Ltd. The matter was heard by the court, which needed to determine the issue of costs. The applicant, Du Aus, sought an order for costs incurred during the proceedings. The respondent, Riviera Cove, opposed the application and argued that the costs should be limited to those incurred up until a specific date.

The court was required to decide whether Du Aus was entitled to an order for costs incurred after a particular date, and if so, to what extent. The court considered the nature of the application, the conduct of the parties, and the relevant legal principles. It examined the reasons for the delay in the proceedings and the circumstances in which the costs were incurred.

The court determined that Du Aus was entitled to an order for costs incurred after a specific date, but only up until the hearing of the application. The court held that the costs incurred after that date were not reasonable and necessary, and therefore not recoverable. The court also found that there was no basis for an order for the costs of the application itself. Consequently, the applicant was ordered to pay the respondent’s costs on the ordinary basis, for all work after the 4th of June 2010 up until and including the hearing. There was no order for the costs of the application.