Thomas v Willett

In *Thomas v Willett*, the plaintiff, Thomas, sought a stay of a costs order made in favour of the defendant, Mrs Willett, by the primary judge. The costs order related to the rejection of an affidavit sworn by Mr Sullivan on 15 December 2009.

The central legal issue before Hodgson JA was whether the costs order concerning the rejected affidavit should be stayed pending the determination of an appeal. The court also considered the costs of a notice of motion filed on 13 July 2011.

Hodgson JA ordered that the costs order made below in favour of Mrs Willett, in relation to the rejection of Mr Sullivan's affidavit, be stayed until the determination of the appeal. The costs of the notice of motion of 13 July 2011 were to be costs in the determination of the appeal, specifically concerning the costs between the plaintiffs and Mrs Willett.