LK Law Pty Ltd v Karas (Costs) [2024] FCA 124

LK Law Pty Ltd v Karas (Costs) [2024] FCA 124

The applicants were put to the expense of bringing the interlocutory application and preparing written submissions, and the Court was not informed until the matter was called on for argument that the application was conceded. Although the respondents may not have realised the procedural orders for exchange of submissions had been made, they were aware of the interlocutory application. In those circumstances there was no reason why the applicants should not receive their costs of and incidental to the interlocutory application in any event.

Jurisdiction
Australia
Judgment Date
23 February 2024
Procedural Posture
Costs Application in a Commercial and Corporations Proceeding / Determination of Costs of the Applicants' Interlocutory Application Filed 5 September 2023
Outcome
Costs ordered in favour of the applicants against the first to third respondents.
Legal Topics
['costs of Interlocutory Application' 'suppression Orders' 'confidentiality Orders' 'discretion as to Costs']
['costs' 'federal Civil Procedure' 'commercial and Corporations'] ['costs of Interlocutory Application' 'suppression Orders' 'confidentiality Orders' 'discretion as to Costs']

Case Brief

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Procedural Posture

Costs Application in a Commercial and Corporations Proceeding / Determination of Costs of the Applicants' Interlocutory Application Filed 5 September 2023

Legal Issues

  1. 1 ['Whether the applicants should receive their costs of and incidental to the interlocutory application to lift suppression and confidentiality orders.' 'Whether costs should instead be costs in the cause where the interlocutory application was ultimately unopposed.']

Ratio Decidendi

The applicants were put to the expense of bringing the interlocutory application and preparing written submissions, and the Court was not informed until the matter was called on for argument that the application was conceded. Although the respondents may not have realised the procedural orders for exchange of submissions had been made, they were aware of the interlocutory application. In those circumstances there was no reason why the applicants should not receive their costs of and incidental to the interlocutory application in any event.

Court Disposition

Costs ordered in favour of the applicants against the first to third respondents.

Orders

  • ["The first to third respondents pay the applicants' costs of and incidental to the applicants' interlocutory application filed 5 September 2023 in any event."]