Poniatowska v Channel Seven Sydney Pty Ltd (No 5)

In *Poniatowska v Channel Seven Sydney Pty Ltd (No 5)*, the Full Court of the Supreme Court of South Australia considered an application for costs following an interlocutory application made by the appellant, Ms Poniatowska, after the final determination of an appeal. The respondents, Channel Seven Sydney Pty Ltd, sought an order that these costs be payable forthwith.

The central legal issue before the Court was whether the costs of Ms Poniatowska's interlocutory application, made after the final determination of the appellate proceeding, should be payable forthwith, or if the usual rule that costs are not taxed or payable until the final determination of a proceeding applied.

The Court held that there was no reason to depart from the principle that costs ordinarily follow the event. Applying rule 194.4(8) of the relevant court rules, the Court determined that the "final determination of the proceeding" had occurred in May 2020 when final orders were made on the appeal. As Ms Poniatowska's interlocutory application postdated this final determination, the costs order in respect of that application would be payable forthwith after the quantum had been fixed by taxation or agreement, pursuant to rule 194.4(7). The Court therefore ordered that the appellant pay the respondents’ costs of the interlocutory application dated 31 March 2021 on the standard costs basis, payable forthwith.