Mathew Chaina v The Presbyterian Church (NSW) Property Trust (No 4)

Mathew Chaina brought an action against the Presbyterian Church (NSW) Property Trust, seeking a declaration among other things that the Church had failed to provide him with a copy of documents. The Church applied for an order that Chaina pay the solicitors' costs of the application for a declaration, arguing that there were no documents which could possibly satisfy the claim. The primary issue before the court was whether the Church was entitled to be reimbursed for the unpaid costs of the application, and if so, under what conditions. The court found that the Church was entitled to an order for the costs of the application, but the order would not be made unless Chaina satisfactorily secured the unpaid costs. In determining what conditions were appropriate, the court considered the conduct of both parties and whether the solicitors' lien had been exercised appropriately. The court concluded that the Church was entitled to the unpaid costs, but that an order would only be made if Chaina satisfied certain conditions. These included providing security for the costs and entering into an agreement with the Church and the solicitors for the payment of the costs. The court did not make the order for costs, as Chaina had not satisfied the conditions.