Blow Bar Co Pty Limited v McGann (No 4) [2018] FCA 1072

Blow Bar Co Pty Limited v McGann (No 4) [2018] FCA 1072

The respondents were substantially successful in parts of the interlocutory application (notably the strike-out), and significant expenditure was incurred on discrete issues. No party acted unreasonably on the security for costs issue; thus, each party should bear its own costs for that part. Respondents were entitled to their costs for successful strike-out and joinder aspects, payable forthwith, on the ordinary basis rather than indemnity. $7,000 from security for costs is to be released upon assessment or agreement.

Jurisdiction
Australia
Judgment Date
19 July 2018
Procedural Posture
Interlocutory Application / Costs Determination Following Interlocutory Application
Outcome
Applicants to pay the respondents’ costs of items [3]-[9] of the respondents’ interlocutory application dated 31 May 2018, payable forthwith, with no order as to costs for items [1]-[2]; $7,000 be released from security for costs on agreement or assessment.
Legal Topics
['costs' 'interlocutory Applications' 'security for Costs' 'strike Out' 'joinder of Parties']
['civil Procedure'] ['costs' 'interlocutory Applications' 'security for Costs' 'strike Out' 'joinder of Parties']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Determination Following Interlocutory Application

Legal Issues

  1. 1 ['Whether costs should be payable forthwith after a partially successful interlocutory application' 'Appropriateness of costs orders regarding security for costs, strike-out, and joinder applications' 'Whether costs should be on an indemnity basis or ordinary basis']

Ratio Decidendi

The respondents were substantially successful in parts of the interlocutory application (notably the strike-out), and significant expenditure was incurred on discrete issues. No party acted unreasonably on the security for costs issue; thus, each party should bear its own costs for that part. Respondents were entitled to their costs for successful strike-out and joinder aspects, payable forthwith, on the ordinary basis rather than indemnity. $7,000 from security for costs is to be released upon assessment or agreement.

Court Disposition

Applicants to pay the respondents’ costs of items [3]-[9] of the respondents’ interlocutory application dated 31 May 2018, payable forthwith, with no order as to costs for items [1]-[2]; $7,000 be released from security for costs on agreement or assessment.

Orders

  • ["The applicants pay, on the ordinary basis, the respondents' costs of and incidental to [3]-[9] of the respondents' interlocutory application dated 31 May 2018, payable forthwith." 'On the assessment or agreement of the above costs, $7,000 be released from the amount paid by the applicants as security for costs.'...