Jeffriess v Perpetual Trustee Company Limited [2020] FCA 1074

Jeffriess v Perpetual Trustee Company Limited [2020] FCA 1074

In the unusual circumstances of this case, including COVID-19-related adjournment and the applicants' ongoing prosecution of the substantive proceeding (not a complete surrender), it is appropriate that both parties bear their own costs for the interlocutory application.

Jurisdiction
Australia
Judgment Date
28 July 2020
Procedural Posture
Application for Costs in Interlocutory Application / Determination of Costs After Dismissal of Interlocutory Application by Consent
Outcome
No order as to costs on the interlocutory application.
Legal Topics
['costs' 'interlocutory Applications' 'discretion in Awarding Costs']
['civil Procedure'] ['costs' 'interlocutory Applications' 'discretion in Awarding Costs']

Case Brief

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Procedural Posture

Application for Costs in Interlocutory Application / Determination of Costs After Dismissal of Interlocutory Application by Consent

Legal Issues

  1. 1 ['Whether the Court ought to adjudicate on the merits of the application for costs after interlocutory application dismissed by consent' "Whether applicants 'completely surrendered' in the interlocutory application" 'Whether costs should follow the event in the circumstances']

Ratio Decidendi

In the unusual circumstances of this case, including COVID-19-related adjournment and the applicants' ongoing prosecution of the substantive proceeding (not a complete surrender), it is appropriate that both parties bear their own costs for the interlocutory application.

Court Disposition

No order as to costs on the interlocutory application.

Orders

  • ["There is no order for costs on the interlocutory application filed in conjunction with the applicants' originating application on 6 March 2020."]