New Resource Holdings Pty Ltd v Lunt [No 3]

The case between New Resource Holdings Pty Ltd and Lunt was heard before the Supreme Court of Western Australia. The central dispute revolves around the reopening of a trial, the appropriateness of a suspension order, and the implications of new evidence that surfaced after the conclusion of the trial. Additionally, the case involves complex issues regarding costs, including indemnity costs and wasted costs, as well as the liability for costs incurred by the plaintiff's solicitor.

The primary legal issues before the court were whether it was appropriate to reopen the trial due to new evidence, whether a suspension order should be granted based on the impecuniosity of one party and the likelihood of success in future trials, and the appropriateness of imposing indemnity costs on the plaintiff. The court also had to determine if the pending actions should be considered counterclaims and if the first defendant's solicitor should be held liable for wasted costs.

The court determined that the new evidence was not sufficient to warrant the reopening of the trial. However, it found that a suspension order was appropriate given the impecuniosity of one party and the likelihood of success in future trials. The court rejected the argument that the pending actions constituted counterclaims and decided that the first defendant's solicitor was not liable for wasted costs. Regarding costs, the court ordered that the plaintiff's costs of the action should be on an indemnity basis and that the costs of the application for the suspension order should be considered costs in the cause of actions 1501 and 1974 of 2001.

The court dismissed the application to reopen the trial and denied the application for the first defendant's solicitor to pay wasted costs. The application for a suspension order was granted, and the plaintiff's costs were to be taxed on an indemnity basis if not agreed upon. The costs of the application for the suspension order were to be treated as costs in the other pending actions.