Skinner and Cluny (Costs)

This matter concerned an application for costs following interlocutory applications heard by Murphy J on 14 June 2011. The parties involved were Skinner and Cluny.

The central legal issue before Murphy J was how to deal with the costs applications made by each party in relation to the interlocutory proceedings. Specifically, the court had to determine whether it should make an order for costs at that stage or reserve the determination of costs to the trial judge.

Murphy J reasoned that it was appropriate to reserve the costs of the interlocutory applications to the trial judge, Justice Kent. This approach was adopted to ensure that the trial judge had the full context of the proceedings, including the outcome of the trial, when making a final determination on costs. Consequently, the written submissions of each party regarding costs were ordered to be sealed and not opened until after the trial concluded or by further order of Justice Kent.