Harlen & Hellyar (No 2)

This matter concerned an application for costs following earlier proceedings between Harlen and Hellyar (No 2). The applicant sought orders for costs in relation to several interlocutory applications and hearings that had occurred before McEvoy J.

The primary legal issue before the court was the determination of which party should bear the costs associated with the various applications and hearings that had taken place. This involved considering the outcome of those earlier proceedings and whether the applicant had been successful in a manner that warranted an award of costs against the respondent.

Justice Wilson ordered that the respondent pay the applicant's costs on a party-party basis for the application heard on 28 January 2020, and for the hearing on 2 August 2019. The costs for the hearing on 26 June 2019 were to be treated as costs incidental to the hearing on 2 August 2019 and paid by the respondent. Additionally, the respondent was ordered to pay the applicant's costs for the application on 14 February 2020, but these costs were limited to junior counsel's fees.