Duus v Dalvella Pty Ltd

EX TEMPORE REASONS FOR JUDGMENT 1 I have before me an application for an order that the costs, the subject of order (2) of the orders made today in Duus v Dalvella Pty Ltd [2008] FCA 26, be the subject of a further order pursuant to order 62 rule 3(3) that the party having the benefit of the costs order, the first and second applicants, be entitled to deliver a bill of costs and recover those costs prior to the determination of the proceedings. The authority of Jianshe Southern Pty Ltd v Turnbull Cooktown Pty Ltd (No. 2) - BC200704540 has been cited to me as a basis upon which leave ought not to be given pursuant to order 62 rule 3(3). The point of differentiation between that decision of Besanko J and the present case is that the circumstances confronting Besanko J involved default in the conduct of a proceeding. 2 The orders made in this matter (Duus v Dalvella) relate to orders consequent upon an independent application for leave to extend time for leave to appeal from an interlocutory judgment. The applicants for leave have failed to comply with the rules and seek to make out special grounds for leave. I am satisfied that that matter is a discrete matter rather than a costs order in the course of the resolution of step in the proceeding itself. Accordingly, I make a further order that the costs of the interlocutory proceeding shall be costs which the party having the benefit of that order is entitled to pursue and I give leave to deliver a bill of costs immediately. I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Greenwood.