A & S Oayda Investments Pty Ltd & Ors v Burns Philip Trustee Co Ltd (in liq) & Ors [1994] FCA 1101

A & S Oayda Investments Pty Ltd & Ors v Burns Philip Trustee Co Ltd (in liq) & Ors [1994] FCA 1101

Owing to unsatisfactory conduct and repeated failure to comply with Court directions, indemnity costs orders are justified for the whole proceedings.

Parties
First Applicant: YDA Investments Limited; Second Applicant: The Shirt Factory Pty Limited; Third Applicant: Continental Shirts Co Pty Limited; Fourth Applicant: Continental Shirts Manufacturing Co Pty Limited; Fifth Applicant: R O C Oayda; Sixth Applicant: Allen Oayda; First Respondent: A & S Holding US Company (in liquidation); Second Respondent: Estate Mortgage Managers Ltd (in liquidation); Third Respondent: Estate Mortgage Financial Services Ltd (in liquidation); Fourth Respondent: Mercantile Mutual Life Insurance Co Ltd; Fifth Respondent: Martin Madden; Sixth Respondent: Gregory Robertson
Jurisdiction
Australia
Judgment Date
15 December 1994
Procedural Posture
Civil / Post Motion Judgment; Orders Following Reasons Delivered
Outcome
Orders made as agreed except for costs; indemnity costs awarded to respondents for whole proceedings.
Legal Topics
Costs, Security for Costs, Indemnity Costs
Civil Procedure Costs Security for Costs Indemnity Costs

Case Brief

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Parties

YDA Investments Limited

First Applicant

The Shirt Factory Pty Limited

Second Applicant

Continental Shirts Co Pty Limited

Third Applicant

Continental Shirts Manufacturing Co Pty Limited

Fourth Applicant

R O C Oayda

Fifth Applicant

Allen Oayda

Sixth Applicant

A & S Holding US Company (in liquidation)

First Respondent

Estate Mortgage Managers Ltd (in liquidation)

Second Respondent

Estate Mortgage Financial Services Ltd (in liquidation)

Third Respondent

Mercantile Mutual Life Insurance Co Ltd

Fourth Respondent

Martin Madden

Fifth Respondent

Gregory Robertson

Sixth Respondent

Procedural Posture

Civil / Post Motion Judgment; Orders Following Reasons Delivered

Legal Issues

  1. 1 Whether costs should be awarded on an indemnity basis or party-party basis
  2. 2 Extent of costs orders: motions only or whole proceedings

Ratio Decidendi

Owing to unsatisfactory conduct and repeated failure to comply with Court directions, indemnity costs orders are justified for the whole proceedings.

Court Disposition

Orders made as agreed except for costs; indemnity costs awarded to respondents for whole proceedings.

Orders

  • Orders 1 to 14 per short minutes of order dated 15 December 1994.
  • Order 15: A & S Holding and Oayda to pay costs of MML, the receivers, John William Murphy and Peter Bernard Allen, and Estate Mortgage Financial Services Limited, in liquidation, of the proceedings, including all motions on an indemnity basis.