Arlone Pty Ltd & Ors v Teller Properties Pty Ltd & Ors [1995] FCA 1192

Arlone Pty Ltd & Ors v Teller Properties Pty Ltd & Ors [1995] FCA 1192

The proper costs order was that Teller pay two-thirds of the costs of the Arlone and Hawcroft interests on Teller's cross-claim, with no order as to costs otherwise. It was reasonable that part of the judgment sum in favour of Teller be paid into Court pending taxation, rather than the whole amount being paid directly to Teller, because Teller would have liabilities for costs; the amount for Hawcroft should be less than Arlone because Arlone had the basic carriage of the cross-claim.

Jurisdiction
Australia
Judgment Date
14 July 1995
Procedural Posture
Costs Ruling Following Judgment / Short Minutes of Order After Judgment
Outcome
Costs orders made and motions allowed in part as to payment into Court pending taxation.
Legal Topics
['costs of Cross Claim' 'payment Into Court Pending Taxation of Costs' 'short Minutes of Order']
['civil Procedure' 'costs'] ['costs of Cross Claim' 'payment Into Court Pending Taxation of Costs' 'short Minutes of Order']

Case Brief

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Procedural Posture

Costs Ruling Following Judgment / Short Minutes of Order After Judgment

Legal Issues

  1. 1 ["What costs order should be made in relation to Teller's cross-claim and the remaining costs of the proceedings." 'Whether part of the judgment sum in favour of Teller should be paid into Court pending taxation of costs.' 'What amounts should be paid into Court by the Arlone interests and the Hawcroft interests pending taxation.']

Ratio Decidendi

The proper costs order was that Teller pay two-thirds of the costs of the Arlone and Hawcroft interests on Teller's cross-claim, with no order as to costs otherwise. It was reasonable that part of the judgment sum in favour of Teller be paid into Court pending taxation, rather than the whole amount being paid directly to Teller, because Teller would have liabilities for costs; the amount for Hawcroft should be less than Arlone because Arlone had the basic carriage of the cross-claim.

Court Disposition

Costs orders made and motions allowed in part as to payment into Court pending taxation.

Orders

  • ["Teller is to pay two-thirds of the costs of the Arlone interests and the Hawcroft interests on Teller's cross-claim." 'There is otherwise no order as to costs.' 'Leave was given to the Arlone interests to file a notice of motion dated the previous day returnable instanter.' "Orders 2 and 3 were made as sought in...