Dispute Resolution Associates Pty Ltd v Selth (No 3) [2020] FCA 1554

Dispute Resolution Associates Pty Ltd v Selth (No 3) [2020] FCA 1554

Costs should follow the event as the second respondent was successful in the primary judgment opposing the leave application, and there are no circumstances warranting departure from the general rule. The second applicant, having participated and been unsuccessful, should also be subject to the costs order.

Jurisdiction
Australia
Judgment Date
23 October 2020
Procedural Posture
Interlocutory Application for Extension of Time and Leave to Appeal / Costs Determination After Dismissal of Leave to Appeal
Outcome
Costs ordered against the applicants in favour of the second respondent
Legal Topics
['costs' 'appeals' 'case Management']
['civil Procedure'] ['costs' 'appeals' 'case Management']

Case Brief

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Procedural Posture

Interlocutory Application for Extension of Time and Leave to Appeal / Costs Determination After Dismissal of Leave to Appeal

Legal Issues

  1. 1 ['Whether costs should follow the event in relation to dismissed application for extension of time and leave to appeal' 'Whether the second applicant should be ordered to pay costs given its involvement']

Ratio Decidendi

Costs should follow the event as the second respondent was successful in the primary judgment opposing the leave application, and there are no circumstances warranting departure from the general rule. The second applicant, having participated and been unsuccessful, should also be subject to the costs order.

Court Disposition

Costs ordered against the applicants in favour of the second respondent

Orders

  • ["The first applicant and the second applicant pay the second respondent's costs of and incidental to the proceedings on a party-party basis from 5 September 2019 up to and including 23 October 2020 (other than costs of and incidental to the interlocutory application filed on 25 May 2020)"]