Shearwood (Trustee), in the matter of Allied Resource Partners Pty Ltd v Allied Resource Partners Pty Ltd (No 2) [2018] FCA 79
There was no relevant misconduct or special circumstance to depart from the usual order; costs should follow the event and be awarded to the plaintiffs against the first defendant. Lump-sum costs were not appropriate as the plaintiffs were not given an opportunity to respond to that proposal.
- Jurisdiction
- Australia
- Judgment Date
- 15 February 2018
- Procedural Posture
- Costs Application / Post Judgment, Costs Determination
- Outcome
- The first defendant to pay the plaintiffs' costs of the proceeding.
- Legal Topics
- ['costs' 'judicial Discretion in Costs' 'misconduct and Costs Orders']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Costs Application / Post Judgment, Costs Determination
Legal Issues
- 1 ['Whether costs should follow the event' 'Whether there was misconduct by the plaintiffs justifying departure from usual costs order' 'Whether costs order should be made against the second defendant' 'Whether a lump-sum costs order is appropriate']
Ratio Decidendi
There was no relevant misconduct or special circumstance to depart from the usual order; costs should follow the event and be awarded to the plaintiffs against the first defendant. Lump-sum costs were not appropriate as the plaintiffs were not given an opportunity to respond to that proposal.
Court Disposition
The first defendant to pay the plaintiffs' costs of the proceeding.
Orders
- ["The first defendant pay the plaintiffs' costs of the proceeding."]
Full Case Text
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