High Court of Australia

Rozenblit v Vainer [2018] HCA 23

13 Jun 2018

Case Number: M114/2017


Kiefel CJ, Bell, Keane, Gordon, Edelman JJ


Practice and procedure – Victoria – Stay of proceeding – Where appellant commenced proceeding in Supreme Court of Victoria – Where appellant made applications for leave to file and serve amended statement of claim – Where applications refused with costs taxed immediately – Where costs unpaid because appellant impecunious – Where appellant made further application – Where leave to amend statement of claim granted but proceeding stayed under Supreme Court (General Civil Procedure) Rules 2015 (Vic) r 63. 03(3) until interlocutory costs orders paid – Whether primary judge erred in making order to stay proceedings.

Words and phrases – "conduct which falls for condemnation", "costs taxed immediately", "impecunious", "interlocutory costs order", "only practical way to ensure justice between the parties", "stay of proceeding", "strong grounds".

Civil Procedure Act 2010 (Vic) – ss 7, 8, 9, 65C, 65E.

Supreme Court Act 1986 (Vic) – ss 24, 25.

Supreme Court (General Civil Procedure) Rules 2015 (Vic) – rr 63. 03(3), 63. 20. 1.

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