Salt and Salt

The applicant sought interim orders against B Pty Ltd, which was acting as trustee for the B Unit Trust. The dispute concerned costs associated with an application for interim orders filed on 25 August 2014. The matter came before Hogan J.

The primary legal issue before the court was the determination of liability for the costs incurred by B Pty Ltd in relation to the interim orders application, and the timing of payment of those costs. A secondary issue was the extent to which the respondent in the underlying property settlement proceedings should be responsible for reimbursing the applicant for these costs.

Hogan J ordered that the applicant was to pay the costs of B Pty Ltd on a party/party basis, either by agreement or assessment. Crucially, the payment of these costs was deferred until 60 days after the final resolution of the property settlement proceedings between the applicant and the respondent. Furthermore, the respondent was ordered to pay to the applicant the sum that the applicant was liable to pay to B Pty Ltd, with this payment to be made within 30 days of the final resolution of the property settlement proceedings.