Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 5) [2018] FCA 19

Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 5) [2018] FCA 19

The application for costs to be payable forthwith was dismissed because the Cross-Respondent did not incur significant additional costs beyond those incurred in bringing the stay application and substantial existing costs orders in favour of the Cross-Claimants would likely outweigh any immediate costs order, making it unjust to require payment forthwith.

Jurisdiction
Australia
Judgment Date
29 January 2018
Procedural Posture
Interlocutory Application in Ongoing Proceedings / Costs Application Post Stay Order
Outcome
Application dismissed with costs
Legal Topics
['costs' 'stay of Proceedings' 'practice and Procedure Under Federal Court Rules' 'discovery']
['civil Procedure'] ['costs' 'stay of Proceedings' 'practice and Procedure Under Federal Court Rules' 'discovery']

Case Brief

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Procedural Posture

Interlocutory Application in Ongoing Proceedings / Costs Application Post Stay Order

Legal Issues

  1. 1 ['Whether costs of an interlocutory application should be payable forthwith' 'Whether lump sum costs order is appropriate' 'Effect of stay on further interlocutory steps' 'Jurisdiction to vary stay for purposes of costs determination']

Ratio Decidendi

The application for costs to be payable forthwith was dismissed because the Cross-Respondent did not incur significant additional costs beyond those incurred in bringing the stay application and substantial existing costs orders in favour of the Cross-Claimants would likely outweigh any immediate costs order, making it unjust to require payment forthwith.

Court Disposition

Application dismissed with costs

Orders

  • ["The stay ordered on 20 November 2017 be varied to permit determination of the Cross-Respondent's interlocutory application dated 13 December 2017 and to permit the Cross-Claimants to defend themselves on that application." "The Cross-Respondent's interlocutory application of 13 December 2017 be dismissed." "The...