Urquhart v Hayman (No 2)

Urquhart v Hayman is a case involving the parties, the applicant and the respondent, in a dispute concerning compliance with court orders and associated costs. The matter was heard and determined in the Supreme Court of New South Wales. The applicant filed a notice of motion asserting that the respondent had failed to comply with certain court orders, and sought enforcement of those orders, costs, and other relief.

The primary legal issues that the court had to decide were whether the respondent had indeed breached the specified court orders and, if so, what remedy should be granted to the applicant. The court also had to consider the appropriate costs order, if any, given the applicant's partial success on the motion. The respondent contested the allegations of non-compliance and argued that the applicant's motion should be dismissed in its entirety.

The court found that the applicant had fulfilled the majority of the orders in question, namely Orders 1, 2, 4, 8, and 11, as made on 7 September 2010. Consequently, those orders were upheld. Regarding the respondent's alleged non-compliance, the court determined that the respondent was indeed in breach of the orders. The court ordered the respondent to pay the applicant's costs incurred on the Notice of Motion filed on 24 February 2012, on a party-party basis, as agreed or assessed. However, the applicant's Notice of Motion was otherwise dismissed. Lastly, the court directed that the exhibits could be returned.