Frippery Pty Ltd v Booth [2008] FCA 514

Frippery Pty Ltd v Booth [2008] FCA 514

Justice of the case required indemnity costs as the applicants' claims had no chance of success given the established facts and law, were frivolous and vexatious, and the respondents were unreasonably subjected to the costs of defending such claims.

Jurisdiction
Australia
Judgment Date
16 April 2008
Procedural Posture
Application / Costs Determination Following Notice of Discontinuance
Outcome
Applicants granted leave to discontinue; applicants ordered to pay the costs of the second, third and fourth respondents on an indemnity basis.
Legal Topics
['costs' 'discontinuance of Proceedings' 'indemnity Costs' 'abuse of Process' 'frivolous and Vexatious Proceedings']
['civil Procedure'] ['costs' 'discontinuance of Proceedings' 'indemnity Costs' 'abuse of Process' 'frivolous and Vexatious Proceedings']

Case Brief

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Procedural Posture

Application / Costs Determination Following Notice of Discontinuance

Legal Issues

  1. 1 ["Whether the applicants should pay the respondents' costs on an indemnity basis following discontinuance" 'Whether the circumstances justify a departure from the usual party-party costs order']

Ratio Decidendi

Justice of the case required indemnity costs as the applicants' claims had no chance of success given the established facts and law, were frivolous and vexatious, and the respondents were unreasonably subjected to the costs of defending such claims.

Court Disposition

Applicants granted leave to discontinue; applicants ordered to pay the costs of the second, third and fourth respondents on an indemnity basis.

Orders

  • ['Applicants granted leave to discontinue the proceedings in QUD 380 of 2007 pursuant to O 22 r 2 Federal Court Rules.' 'Applicants to pay the costs of the second, third and fourth respondents up to and including 16 April 2008, such costs being assessed on an indemnity basis.']