Rinehart v Welker (No 3)
Case
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[2012] NSWCA 228
•30 July 2012
Details
AGLC
Case
Decision Date
Rinehart v Welker (No 3) [2012] NSWCA 228
[2012] NSWCA 228
30 July 2012
CaseChat Overview and Summary
In *Rinehart v Welker (No 3)*, the applicants sought orders from the Court of Appeal of New South Wales concerning the costs of interlocutory applications. The respondents and media interests were also parties to these proceedings.
The primary legal issue before the Court was whether the applicants should be ordered to pay the costs of the respondents and media interests in relation to specific motions filed by the applicants on 6 January 2012 and 9 January 2012. The Court was required to consider the general rule that costs follow the event in interlocutory applications.
The Court applied the general rule that costs follow the event, finding that the applicants should bear the costs of the interlocutory motions they had filed. The Court's reasoning was based on the established principle that the unsuccessful party in an application typically pays the costs of the successful party.
The Court ordered that the applicants pay the costs of the respondents and the media interests in respect of the motions filed by the applicants on 6 January 2012 and 9 January 2012.
The primary legal issue before the Court was whether the applicants should be ordered to pay the costs of the respondents and media interests in relation to specific motions filed by the applicants on 6 January 2012 and 9 January 2012. The Court was required to consider the general rule that costs follow the event in interlocutory applications.
The Court applied the general rule that costs follow the event, finding that the applicants should bear the costs of the interlocutory motions they had filed. The Court's reasoning was based on the established principle that the unsuccessful party in an application typically pays the costs of the successful party.
The Court ordered that the applicants pay the costs of the respondents and the media interests in respect of the motions filed by the applicants on 6 January 2012 and 9 January 2012.
Details
Key Legal Topics
Areas of Law
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Civil Procedure
Legal Concepts
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Costs
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Stay of Proceedings
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Cases Cited
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Statutory Material Cited
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Welker v Rinehart
[2011] NSWSC 1094
Welker v Rinehart (No 2)
[2011] NSWSC 1238
Welker v Rinehart (No 4)
[2011] NSWSC 1636