Noel Batrouney and Andrew Lyle v David Brian Forster [No 2]

Noel Batrouney and Andrew Lyle brought proceedings against David Brian Forster in a court, with the dispute involving orders, costs, and a stay application. The applicants sought orders for the remission of the proceeding to the Trial Division, payment of a sum of money claimed by the applicants, and the respondent's payment of costs of the trial to date. The applicants also sought an apportionment of the costs of the trial to date and costs of an application to amend a notice of application for leave to appeal. Additionally, the applicants applied for a stay pending an application for special leave to appeal to the High Court.

The legal issues before the court included whether the proceeding should be remitted to the Trial Division, whether the respondent should be ordered to pay the sum of money conceded by the respondent to the applicants, and the apportionment of costs of the trial to date. The court also considered whether it was appropriate to remit the costs of the trial to date and whether there were special or exceptional circumstances to grant a stay pending the application for special leave to appeal.

The court ordered the respondent to pay the sum of money conceded by the respondent to the applicants and remitted the matter to the Trial Division in respect of the balance of the applicants' claim. It was held that it was not appropriate to remit the costs of the trial to date. The court ordered the respondent to pay 70 per cent of the costs of the trial to date. The court also refused the application for a stay pending the application for special leave to appeal, finding that there were no special or exceptional circumstances, and refusal of the stay would not render the appeal nugatory.

The court made orders for the respondent to pay the sum of money conceded by the respondent to the applicants and 70 per cent of the costs of the trial to date. The matter was remitted to the Trial Division in respect of the balance of the applicants' claim. The application for a stay pending the application for special leave to appeal was refused.