McKellar v Container Terminal Management Services Ltd (No 3) [2001] FCA 11

McKellar v Container Terminal Management Services Ltd (No 3) [2001] FCA 11

As the applicants were granted leave to replead their claims and the deficiencies identified were largely pleading points rather than indicating a hopeless case, there was insufficient basis for an order for indemnity costs; instead, costs were ordered on the usual party-party basis to be paid forthwith for the relevant strike out applications.

Jurisdiction
Australia
Judgment Date
17 January 2001
Procedural Posture
Civil / Post Interlocutory, Costs Determination Following Strike Out and Partial Dismissal
Outcome
Costs ordered as specified; indemnity costs application refused.
Legal Topics
['costs' 'pleadings' 'strike Out Applications' 'indemnity Costs']
['civil Procedure'] ['costs' 'pleadings' 'strike Out Applications' 'indemnity Costs']

Case Brief

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Procedural Posture

Civil / Post Interlocutory, Costs Determination Following Strike Out and Partial Dismissal

Legal Issues

  1. 1 ['Whether costs should be paid forthwith and/or on an indemnity basis following successful strike out applications and dismissal of claims against certain respondents']

Ratio Decidendi

As the applicants were granted leave to replead their claims and the deficiencies identified were largely pleading points rather than indicating a hopeless case, there was insufficient basis for an order for indemnity costs; instead, costs were ordered on the usual party-party basis to be paid forthwith for the relevant strike out applications.

Court Disposition

Costs ordered as specified; indemnity costs application refused.

Orders

  • ["The applicants pay the tenth and eleventh respondents' costs of the proceeding including any reserved costs, except for the costs of the motions dated 22 February 1999 and 5 November 1999." 'The applicants pay the costs of and incidental to the notice of motion filed on 4 February 2000 by the fifth, sixth,...