Chapman v Luminis Pty Ltd [2003] FCAFC 162

Chapman v Luminis Pty Ltd [2003] FCAFC 162

Kebaro effectively surrendered on the issue of costs after the Court's judgment in Kebaro v Saunders; thus, Kebaro Pty Ltd should pay the costs of the third and fourth respondents for the Notice of Motion and application.

Jurisdiction
Australia
Judgment Date
08 August 2003
Procedural Posture
Appeal / Costs Determination After Discontinuance
Outcome
Costs ordered against Kebaro Pty Ltd in favour of third and fourth respondents
Legal Topics
['costs' 'discontinuance' 'joinder of Parties' 'appeal Procedure']
['civil Procedure'] ['costs' 'discontinuance' 'joinder of Parties' 'appeal Procedure']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Appeal / Costs Determination After Discontinuance

Legal Issues

  1. 1 ['Entitlement to costs following abandonment of appeal' 'Appropriateness of costs orders against joined third party' 'Basis for costs when proceedings terminate before hearing']

Ratio Decidendi

Kebaro effectively surrendered on the issue of costs after the Court's judgment in Kebaro v Saunders; thus, Kebaro Pty Ltd should pay the costs of the third and fourth respondents for the Notice of Motion and application.

Court Disposition

Costs ordered against Kebaro Pty Ltd in favour of third and fourth respondents

Orders

  • ['Kebaro Pty Ltd pay the costs of the third and fourth respondents of and incidental to the Notice of Motion filed on 20 November 2002.' 'Kebaro Pty Ltd pay the costs of this application.']