Igaki Australia P/L & Anor v. Coastmine P/L & Ors [1994] FCA 872

Igaki Australia P/L & Anor v. Coastmine P/L & Ors [1994] FCA 872

Applicants were not deprived of costs for the first to third respondents, and the fifth respondent was granted costs because his conduct did not cause the applicants' loss and was largely related to events that gave rise to the dispute, not to the litigation itself; no significant extension of the trial was attributable to his conduct.

Parties
First Applicant: IGAKI AUSTRALIA PTY. LTD.; Second Applicant: R.1. GAYRUEN; First Respondent: COASTMINE PTY. LTD.; Second Respondent: ROBERT JAMES BURGESS; Third Respondent: NICHOLAS CASSAR KARLOS; Fourth Respondent: XASUO WATANABE; Fifth Respondent: PAUL GERRARD STEER; Cross Claimant: XASUO WATANABE; First Cross Respondent: COASTMINE PTY. LTD.; Second Cross Respondent: ROBERT JAMES BURGESS; Third Cross Respondent: NICHOLAS CASSAR KARLOS
Jurisdiction
Australia
Judgment Date
10 November 1994
Procedural Posture
Civil / Judgment on Costs and Dismissal of Proceedings
Outcome
Applicants' proceedings against the first, second and third respondents dismissed without order as to costs; proceedings against the fifth respondent dismissed with order that applicants pay the fifth respondent's costs, including reserved costs, to be taxed.
Legal Topics
Costs, Dismissal of Proceedings
Civil Procedure Costs Dismissal of Proceedings

Case Brief

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Parties

IGAKI AUSTRALIA PTY. LTD.

First Applicant

R.1. GAYRUEN

Second Applicant

COASTMINE PTY. LTD.

First Respondent

ROBERT JAMES BURGESS

Second Respondent

NICHOLAS CASSAR KARLOS

Third Respondent

XASUO WATANABE

Fourth Respondent

PAUL GERRARD STEER

Fifth Respondent

XASUO WATANABE

Cross Claimant

COASTMINE PTY. LTD.

First Cross Respondent

ROBERT JAMES BURGESS

Second Cross Respondent

NICHOLAS CASSAR KARLOS

Third Cross Respondent

Procedural Posture

Civil / Judgment on Costs and Dismissal of Proceedings

Legal Issues

  1. 1 Whether the fifth respondent should be deprived of costs despite being successful
  2. 2 Exercise of court's discretion regarding costs in light of respondent's conduct

Ratio Decidendi

Applicants were not deprived of costs for the first to third respondents, and the fifth respondent was granted costs because his conduct did not cause the applicants' loss and was largely related to events that gave rise to the dispute, not to the litigation itself; no significant extension of the trial was attributable to his conduct.

Court Disposition

Applicants' proceedings against the first, second and third respondents dismissed without order as to costs; proceedings against the fifth respondent dismissed with order that applicants pay the fifth respondent's costs, including reserved costs, to be taxed.

Orders

  • Applicants' proceedings against first, second and third respondents dismissed with no order as to costs.
  • Applicants' proceedings against fifth respondent dismissed.