Citrus Queensland Pty Ltd ACN 110 855 359 v Sunstate Orchards Pty Ltd ACN 095 659 733 [2009] FCA 798

Citrus Queensland Pty Ltd ACN 110 855 359 v Sunstate Orchards Pty Ltd ACN 095 659 733 [2009] FCA 798

The conduct of the appellants, given the impact of liquidation and resulting delays, did not rise to the level required for an indemnity costs order.

Jurisdiction
Australia
Judgment Date
30 July 2009
Procedural Posture
Appeal / Costs Determination Following Dismissal of Appeals
Outcome
The application for costs to be payable on an indemnity basis is dismissed.
Legal Topics
['costs' 'indemnity Costs' 'conduct of Parties']
['civil Procedure'] ['costs' 'indemnity Costs' 'conduct of Parties']

Case Brief

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Procedural Posture

Appeal / Costs Determination Following Dismissal of Appeals

Legal Issues

  1. 1 ['Whether the conduct of the appellants warranted an order for indemnity costs for the respondents']

Ratio Decidendi

The conduct of the appellants, given the impact of liquidation and resulting delays, did not rise to the level required for an indemnity costs order.

Court Disposition

The application for costs to be payable on an indemnity basis is dismissed.

Orders

  • ['The application for costs to be payable on an indemnity basis is dismissed.']