Claire Schneider (led by Mr D Roche SC) represented the second respondent, instructed by Herbert Smith Freehills.
Stillwater Pastoral Company Pty Ltd v Stanwell Corporation Ltd (No 2) concerned an interlocutory application filed by the applicant to stay the costs orders of the Initial Trial pending the determination of an appeal. Additionally, the respondents argued the Court should exercise its discretion to order the applicant to pay costs on an indemnity basis.
The Court dismissed the interlocutory application to stay the costs order. The likely prejudice to the respondents in the event the appeal was unsuccessful outweighed the potential wasted costs of an assessment of the trial costs in the event the appeal succeeded.
However, the Court declined to order the applicant to pay indemnity costs. The rejection of the respondents’ offers of compromise was neither ‘hopeless’ nor ‘unreasonable’.
The judgment can be read by clicking here
