Capitalcorp Finance & Leasing Pty Ltd v Aussie Car Loans Pty Ltd (No 2) [2014] FCA 992

Capitalcorp Finance & Leasing Pty Ltd v Aussie Car Loans Pty Ltd (No 2) [2014] FCA 992

It was not unreasonable for Aussie Car Loans to refuse Capitalcorp's late offer of compromise given the limited time for consideration before the interlocutory hearing. Accordingly, no order for indemnity costs is justified. As Aussie Car Loans was unsuccessful in its application for security for costs against Shining Light, it should pay Shining Light's costs of and incidental to that application.

Jurisdiction
Australia
Judgment Date
12 September 2014
Procedural Posture
Interlocutory Application for Security for Costs / Costs Order Following Determination of Security for Costs Application
Outcome
Costs order made: Aussie Car Loans to pay Shining Light's costs of the application for security. Other costs in the cause. No indemnity costs ordered.
Legal Topics
['costs' 'security for Costs' 'offers of Compromise' 'indemnity Costs']
['civil Procedure'] ['costs' 'security for Costs' 'offers of Compromise' 'indemnity Costs']

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

Interlocutory Application for Security for Costs / Costs Order Following Determination of Security for Costs Application

Legal Issues

  1. 1 ['Whether and on what terms costs should be ordered following interlocutory application for security for costs' 'Whether indemnity costs should be awarded following an unaccepted Calderbank offer']

Ratio Decidendi

It was not unreasonable for Aussie Car Loans to refuse Capitalcorp's late offer of compromise given the limited time for consideration before the interlocutory hearing. Accordingly, no order for indemnity costs is justified. As Aussie Car Loans was unsuccessful in its application for security for costs against Shining Light, it should pay Shining Light's costs of and incidental to that application.

Court Disposition

Costs order made: Aussie Car Loans to pay Shining Light's costs of the application for security. Other costs in the cause. No indemnity costs ordered.

Orders

  • ["Aussie Car Loans Pty Ltd pay Shining Light Pty Ltd's costs of and incidental to Aussie Car Loans Pty Ltd's application for orders requiring Shining Light Pty Ltd to give security." "The costs of Aussie Car Loans Pty Ltd's application for security otherwise be costs in the cause."]