Harlen and Hellyar (No. 3)

In the proceeding between Harlen and Hellyar (No. 3), Justice Wilson of the Supreme Court of Victoria was required to determine the question of costs thrown away as a consequence of the adjournment of a trial previously scheduled for 6 to 10 July 2020. The dispute concerned the allocation of responsibility for the costs incurred due to this adjournment.

The central legal issue before the Court was the assessment and apportionment of costs thrown away. This involved considering the circumstances leading to the adjournment and determining which party, if any, should bear the financial burden of the wasted trial preparation and listing.

Justice Wilson ordered that the trial previously listed for 6 to 10 July 2020 be vacated and re-listed for 1 to 5 March 2021 and 8 to 12 March 2021. A compliance hearing was scheduled for 1 February 2021, with directions for parties to file and serve affidavit material and written submissions concerning costs thrown away by 25 January 2021. The Court indicated that the question of costs thrown away would be determined on 1 February 2021.