Franklin v State of New South Wales (TAFE NSW) (No. 2)

The case of Franklin v State of New South Wales (TAFE NSW) (No. 2) involved the plaintiff, Franklin, seeking to proceed out of time in a civil matter against the defendant, TAFE NSW. The dispute centred around costs incurred in relation to the plaintiff's application to proceed out of time. The matter was heard in the Supreme Court of New South Wales. The plaintiff argued that their application to proceed out of time was reasonable, given the circumstances, while the defendant contested this, asserting that the plaintiff should bear the costs associated with the application.

The legal issues before the court involved determining the reasonableness of the plaintiff's application to proceed out of time and, if deemed unreasonable, whether the plaintiff should bear the defendant's costs. The court had to consider the principles governing the award of costs in such circumstances, including the conduct of the parties and the extent to which the plaintiff's delay was justified. The court also needed to assess whether the defendant's counsel's submissions were sufficient to assist in making a determination on the issue of costs.

The court found that the defendant's counsel had adequately assisted in making a decision on the issue of costs. It determined that the plaintiff's application to proceed out of time was not reasonable, given the lack of compelling justification for the delay. Consequently, the court ordered that the plaintiff was to pay the defendant's costs associated with the application. The court emphasised the importance of adherence to procedural timelines and the potential consequences of failing to do so. The defendant's counsel's submissions were considered helpful in reaching a decision, and the court's order reflected the need for parties to act promptly and responsibly in legal proceedings.