LEGAL PRINCIPLE: CIVIL PROCEDURE – Costs – Consequential Orders – Meaning and Scope
PRINCIPLE STATEMENT
A consequential order is not one merely incidental to a decision but one necessarily flowing directly and naturally from, and inevitably consequent upon it; it must be giving effect to the judgment already given not by granting a fresh and unclaimed or unproven relief; a proper consequential order need not be claimed but a substantive order must be claimed and sustained from the facts before the court.
RATIO DECIDENDI (SOURCE)
"A consequential order is not one merely incidental to a decision but one necessarily flowing directly and naturally from, and inevitably consequent upon it. It must be giving effect to the judgment already given not by granting a fresh and unclaimed or unproven relief... A proper consequential order need not be claimed but a substantive order must be claimed and sustained from the facts before the court."
EXPLANATION / SCOPE
This distinguishes consequential from substantive orders. Consequential order: Necessarily flows from judgment—direct, natural, inevitable consequence giving effect to judgment already given. Not consequential: Merely incidental, fresh relief, or unclaimed/unproven relief. Key distinction: Consequential orders: give effect to judgment (implement/enforce decision), need not be claimed (flow automatically from judgment), and are natural consequences. Substantive orders: grant new relief, must be claimed, and require factual proof. Examples: Consequential: Costs following event, interest on judgment debt, delivery up pursuant to declaration. Substantive: Damages not claimed, relief of different nature, or fresh matters. “Necessarily flowing…inevitably consequent” means: automatic result of judgment, required to implement decision, and natural/direct consequence. “Giving effect to judgment” means: implementing decision made, not granting something new. Courts can: make consequential orders without claim (automatic from judgment), but cannot: grant substantive relief unclaimed, award fresh relief, or decide unpleaded matters. This serves: enabling judgment implementation, distinguishing automatic consequences from new relief, and maintaining rule that relief must be claimed (except natural consequences). The principle permits courts to: complete judgments through consequential orders, while preventing: granting unclaimed substantive relief disguised as consequential orders.