Su v Australian Fisheries Management Authority (No 3) [2008] FCA 2018

Su v Australian Fisheries Management Authority (No 3) [2008] FCA 2018

The applicants did not provide sufficient evidence to establish circumstances justifying the exercise of the Court's discretion to fix a gross sum for costs under O 62 r4(2)(c), particularly in relation to hardship and delay.

Jurisdiction
Australia
Judgment Date
19 December 2008
Procedural Posture
Practice and Procedure Costs Application / Application to Fix Gross Sum for Costs Under O 62 R4(2)(c)
Outcome
Application dismissed
Legal Topics
['costs' 'taxation of Costs' 'discretionary Powers']
['practice and Procedure'] ['costs' 'taxation of Costs' 'discretionary Powers']

Case Brief

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Procedural Posture

Practice and Procedure Costs Application / Application to Fix Gross Sum for Costs Under O 62 R4(2)(c)

Legal Issues

  1. 1 ['Whether the Court should exercise its discretion to fix a gross sum for costs under O 62 r4(2)(c) of the Federal Court Rules 1979']

Ratio Decidendi

The applicants did not provide sufficient evidence to establish circumstances justifying the exercise of the Court's discretion to fix a gross sum for costs under O 62 r4(2)(c), particularly in relation to hardship and delay.

Court Disposition

Application dismissed

Orders

  • ['The notice of motion dated 15 December 2008 be dismissed.' "The applicants pay the respondents' costs of the notice of motion, to be taxed."]