LEVITT & LEVITT

The parties in this matter were Levitt and Levitt. The dispute concerned an oral application for costs made by one party who had been brought before the court for a "mention" due to the other party's alleged non-compliance with court orders. The application for costs was heard by Cronin J.

The primary legal issue before the court was whether it had the power to make orders for costs in circumstances where no formal application had been filed, and the matter was before the court for a mention rather than a substantive hearing. A secondary issue was whether costs should be awarded to a party who attended a mention, having been brought before the court due to the other party's alleged non-compliance.

Cronin J determined that the court possessed the inherent power to make any order it considered appropriate, including orders for costs, even in the absence of a formal application, particularly when dealing with non-compliance with existing orders. However, the court reasoned that the specific circumstances of this case did not warrant an award of costs. The party seeking costs had been brought to court for a mention, and the court found no basis to grant the oral application.

Consequently, the court dismissed the oral application for costs.