Generalities and particulars series#

The Plaintiff did not however successfully file a Notice of Application to Review an Order of a Costs Judge until 22 March 2012, being over five months late. Pursuant to rule 63.57 of the Supreme Court Rules, if Kuek wished to have that order reviewed, he was required to file a notice of review 'within 14 days after the making of the order… or the giving of reasons, whichever is the later'. The present fight arose in the context of an order made on 29 September 2011, by Associate Justice Wood in the Costs Court, fixing the costs which Kuek was required to pay to the defendants as a consequence of a previous application.

Generalities and particulars series#

Following that initial dismissal there had been a series of appeals to the Supreme Court (including two visits to the Court of Appeal) and two hearings before the Costs Court. As Associate Justice Mukhtar at first instance put it, it was one in which 'a lot of ink had been spilt', despite its modest origins (a dismissal by the Magistrates' Court of a civil claim commenced in 2003 for $3,856).

The Supreme Court's judgments were the culmination of a complex and drawn-out costs dispute. Some clarity and effect have been given to the CPA by the Supreme Court's judgments in Kuek v Devlflan Pty Ltd VSC 327 VSC 571, where the CPA's overarching purpose and obligations played a central role in setting aside a Notice of Application to Review an Order of the Victorian Costs Court. Perhaps as a result of its idealistic and aspirational aims, reflected in general language of broad compass, some observers questioned what practical role the CPA would play in the conduct of litigation when it was introduced in 2010. To this end, the CPA imposes a number of over-arching obligations on litigants to achieve this purpose. Section 7 of the Civil Procedure Act 2010 (Vic) ( CPA) states that the Act's overarching purpose, and the rules of court, in relation to civil proceedings, is to facilitate the 'just, efficient, timely and cost-effective resolution of the real issues in dispute'.