Commonwealth Bank of Australia v Peto (No 1) [2006] FCA 474

Commonwealth Bank of Australia v Peto (No 1) [2006] FCA 474

Because the Bank made a number of refinements to its proposed amendments over several months, causing the other parties more extra expense than would be usual in an amendment application, the Court exercised its discretion to order the Bank in each proceeding to pay the other parties' costs of today and costs thrown away by the amendments, with the costs thrown away assessable and payable forthwith.

Jurisdiction
Australia
Judgment Date
22 March 2006
Procedural Posture
Application to Amend Pleadings / Costs Orders on Amendment Application
Outcome
The Bank's amendment-related costs obligations were ordered against it in both proceedings, including costs of today and costs thrown away by reason of the amendment, with the thrown-away costs payable forthwith and taxed if not agreed.
Legal Topics
['amendment of Pleadings' 'costs Thrown Away' 'costs Payable Forthwith' 'taxation of Costs']
['civil Procedure' 'costs'] ['amendment of Pleadings' 'costs Thrown Away' 'costs Payable Forthwith' 'taxation of Costs']

Case Brief

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Procedural Posture

Application to Amend Pleadings / Costs Orders on Amendment Application

Legal Issues

  1. 1 ["Whether the Bank should pay the other parties' costs of and thrown away by the amendments it sought to make." 'Whether the costs thrown away by reason of the amendment should be assessable and payable forthwith.']

Ratio Decidendi

Because the Bank made a number of refinements to its proposed amendments over several months, causing the other parties more extra expense than would be usual in an amendment application, the Court exercised its discretion to order the Bank in each proceeding to pay the other parties' costs of today and costs thrown away by the amendments, with the costs thrown away assessable and payable forthwith.

Court Disposition

The Bank's amendment-related costs obligations were ordered against it in both proceedings, including costs of today and costs thrown away by reason of the amendment, with the thrown-away costs payable forthwith and taxed if not agreed.

Orders

  • ["In NSD 731 of 2003, the applicant pay the respondents' costs of today and the costs thrown away by reason of the amendment." 'In NSD 731 of 2003, the costs thrown away by reason of the amendment (but not the costs of today) be payable forthwith, and taxed if agreement to their quantum is not reached.' "In NSD 88...