Grasso & Anor v CMG Consulting Engineers Pty Ltd (No 2)

The case of Grasso & Anor v CMG Consulting Engineers Pty Ltd (No 2) involved a dispute between the applicants and the respondent regarding the costs associated with an application and an application for leave to appeal. The case was heard in a court of law in Australia. The primary focus of the court was to determine whether it was appropriate to address the costs at that stage or if the respondent should make its case in the proceedings when the matter was finally determined.

The legal issues that the court had to decide included the appropriateness of addressing the costs of the appeal at that particular stage of the proceedings. The court needed to consider whether it was suitable to make a decision on the costs in the current context or if it was more appropriate to leave it for the final determination of the case. The court also needed to assess whether the respondent's request for costs of and incidental to the failed application for leave to appeal was justified.

In its reasoning, the court determined that it was not appropriate to address the costs of the appeal at that stage of the proceedings. The court held that the respondent could make its case in the proceedings when the matter was finally determined. The court made an order that the respondent's solicitors should submit a claim for their client’s costs of and incidental to the failed application for leave to appeal, with particulars. The respondent was also required to file and serve submissions on costs and an affidavit with those particulars within 14 days. The applicants were given the opportunity to file any submissions on costs in response within 14 days thereafter. The court’s decision was based on the premise that it was more suitable to leave the costs matter for the final determination of the case, rather than deciding it at that particular stage.