Hardaker v Mana Island Resort (Fiji) Limited (No. 2)

The plaintiff, Mr Hardaker, applied for an order that the defendant, Mana Island Resort (Fiji) Limited, pay his costs forthwith. The application followed a partial summary dismissal of the plaintiff's claim in the District Court. The matter was heard in the Supreme Court of New South Wales, where Mr Hardaker argued that the defendant's conduct in contesting the application for costs had been unreasonable, resulting in significant delay before he could recover his costs. He submitted that the defendant's financial position did not influence the court's exercise of discretion in ordering costs to be paid forthwith. The defendant opposed the application, contending that the plaintiff's impecuniosity was a relevant consideration, and that the exercise of the court's discretion should be guided by the interests of justice.

The court considered the relevant law and principles governing the exercise of discretion in ordering costs to be paid forthwith. It held that the plaintiff's impecuniosity was not a relevant consideration, and that the exercise of discretion should be guided by the interests of justice. The court noted that the defendant's conduct in contesting the application for costs had been unreasonable, resulting in significant delay before the plaintiff could recover his costs. It also held that the defendant's financial position was not a relevant consideration, and that the exercise of discretion should be guided by the interests of justice. The court held that it was appropriate to exercise its discretion in favour of the plaintiff, and ordered that the defendant pay the plaintiff's costs forthwith.

In the result, the application for an order that the defendant pay the plaintiff's costs forthwith was successful. The court held that the defendant's conduct in contesting the application for costs had been unreasonable, resulting in significant delay before the plaintiff could recover his costs. It also held that the plaintiff's impecuniosity was not a relevant consideration, and that the exercise of discretion should be guided by the interests of justice. The court ordered that the defendant pay the plaintiff's costs forthwith.