Question
of the week
Question of the week

Curious. Interesting. Informative.

20 April 2018

Why are we waiting?

Litigation
Federal

Asked

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.

Answered

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