On an application to register a foreign judgment in Queensland, Crow J had granted a permanent stay on the basis of forum non conveniens as the defendant company had no assets in the jurisdiction. The plaintiff applied to set the stay aside. One of its arguments was that the costs order made by Crow J in favour of the defendant had given the defendant an asset in the jurisdiction. On a point for which there was almost no authority, Bowskill CJ applied High Court obiter dicta to find that the costs order was not an asset of the defendant, because the third party who had paid the defendant’s legal costs before Crow J would have the sole beneficial entitlement to any amounts recovered under the costs order.
Shane Monks appeared for the successful defendant, instructed by James Conomos Lawyers