McKellar v Container Terminal Management Services Ltd [1999] FCA 1639

McKellar v Container Terminal Management Services Ltd [1999] FCA 1639

Given that almost a year was wasted primarily because the applicants' amended statement of claim was fundamentally defective and that a significant part of the case has been removed from further dispute, it is appropriate in the interests of justice that the interlocutory costs awarded to the respondents be taxed and paid forthwith under O 62 r 3 of the Federal Court Rules.

Parties
First Applicant: Andrew McKellar; Second Applicant: Christopher Murray; First Respondent: Container Terminal Management Services Limited; Second Respondent: Fynwest Pty Ltd (ACN 080 502 343); Third Respondent: Michael Wells; Fourth Respondent: Peter Kilfoyle; Fifth Respondent: Alan Wilson; Sixth Respondent: PCS Training Services Pty Ltd (ACN 081 231 021); Seventh Respondent: PCS Resources Pty Ltd (ACN 081 231 021); Eighth Respondent: Lang Corporation Limited; Ninth Respondent: Christopher Corrigan; Tenth Respondent: The Commonwealth of Australia; Eleventh Respondent: The Honourable Peter Keaston Reith MP, Minister for Industrial Relations
Jurisdiction
Australia
Judgment Date
26 November 1999
Procedural Posture
Interlocutory Costs Application / Post Interlocutory (costs Order Following Strike Out of Amended Statement of Claim)
Outcome
Application granted (costs to be taxed and paid forthwith)
Legal Topics
Costs, Interlocutory Applications, Strike Out Applications
Civil Procedure Costs Interlocutory Applications Strike Out Applications

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 12 Party arguments 2
Sign in to unlock

Parties

Andrew McKellar

First Applicant

Christopher Murray

Second Applicant

Container Terminal Management Services Limited

First Respondent

Fynwest Pty Ltd (ACN 080 502 343)

Second Respondent

Michael Wells

Third Respondent

Peter Kilfoyle

Fourth Respondent

Alan Wilson

Fifth Respondent

PCS Training Services Pty Ltd (ACN 081 231 021)

Sixth Respondent

PCS Resources Pty Ltd (ACN 081 231 021)

Seventh Respondent

Lang Corporation Limited

Eighth Respondent

Christopher Corrigan

Ninth Respondent

The Commonwealth of Australia

Tenth Respondent

The Honourable Peter Keaston Reith MP, Minister for Industrial Relations

Eleventh Respondent

Procedural Posture

Interlocutory Costs Application / Post Interlocutory (costs Order Following Strike Out of Amended Statement of Claim)

Legal Issues

  1. 1 Should the costs awarded to the respondents following the strike out of the applicants' amended statement of claim be taxed and paid forthwith under O 62 r 3 of the Federal Court Rules?

Ratio Decidendi

Given that almost a year was wasted primarily because the applicants' amended statement of claim was fundamentally defective and that a significant part of the case has been removed from further dispute, it is appropriate in the interests of justice that the interlocutory costs awarded to the respondents be taxed and paid forthwith under O 62 r 3 of the Federal Court Rules.

Court Disposition

Application granted (costs to be taxed and paid forthwith)

Orders

  • Leave granted nunc pro tunc to file further amended application dated 8 November 1999, if required.
  • Time for applicants to file and serve a further statement of claim extended to 9 November 1999.