Part 2.4 - Sanctions for Contravening the Overarching Obligations Flashcards
Court may take contravention of overarching obligations into account 28 - in making costs orders/ exercising any other power
E.g. (2) when making costs orders, (1) but also when exercising any other power
Court may make certain orders 29 (eg, pay costs arising from OA contravention; compensation; take steps to remedy; bar from taking certain steps) - on own motion of person’s application
29(1) Orders court can make if satisfied on BOP person’s contravened: any order thinks fit in IOJ including (not limited):
● (a) order that person pay some/all costs arising from contravention of the OA
● (b) An order that legal costs/other costs of any person be payable and enforceable immediately
● (c) Order that a person compensate another for financial loss/any loss which was materially contributed to by the contravention including —
○ (i) Order for penalty interest for any delay in payment of amount claimed
○ (ii) Order for no interest or reduced interest.
● (d) order person take steps to remedy any OO contravention
● (e) An order the person not be permitted to take specified steps in the civil proceeding
● (f) Any other order court considers to be in interests of person who has been prejudicially affected by contravention.
(2)(b) Can be made own motion by Court or (a)(i)-(ii) on application under s 30 by party/person with sufficient interest (3) Doesn’t limit other powers to make (costs) orders
30 -Applications for orders under section 29 - prior to finalisation of proceeding - including costs orders period)
30(1) make application in (a) hearing court (b) per court rules (2) needs to be made PRIOR TO FINALISATION OF PROCEEDING (excluding the appeal period) (3) date of last (costs) order = date of finalisation
Extension of time for application - 31 - if unaware of OO until after end of period
31(1) person can apply to court for EOT (2) may grant if satisfied person not aware of overarching obligation contravention until after end of period (3) by (a) any party; (b) other person with sufficient interest.
