20 April 2018
Costs - Stay of order
Dear Mentor,
Can you please clarify the implication of a court order that stipulates payment of legal costs be stayed for a certain period?
Thank you.
Thank you for the question.
The implication is that the court does not expect the costs to be paid unless and until a certain event happens, such as where time is allowed for another party to challenge the costs order, or where a pleading is struck out with an order for costs against the plaintiff which is stayed until the plaintiff seeks to re-commence, at which point the costs must be paid; but if they never re-commence the costs will not be payable.
The judgment would usually provide the context for such an order.
Regards,
Mentor
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