Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Costs) [2022] FCA 776

Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Costs) [2022] FCA 776

While applicants’ responses were not entirely satisfactory, they made genuine efforts to comply with court orders. There was substantial, if delayed, compliance and the circumstances did not warrant departure from the usual party and party basis for costs nor justify that costs be payable forthwith. Respondents were not significantly prejudiced, so indemnity costs and immediate payment were not appropriate.

Jurisdiction
Australia
Judgment Date
04 July 2022
Procedural Posture
Application for Costs (case Management Hearing) / Post Case Management Hearing, Costs Application Determination
Outcome
Application for indemnity costs and for costs payable forthwith dismissed; party and party costs of case management hearing awarded to respondents.
Legal Topics
['costs Orders' 'indemnity Costs' 'case Management' 'compliance With Court Orders']
['practice and Procedure' 'commercial Law'] ['costs Orders' 'indemnity Costs' 'case Management' 'compliance With Court Orders']

Case Brief

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Procedural Posture

Application for Costs (case Management Hearing) / Post Case Management Hearing, Costs Application Determination

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity basis for alleged non-compliance with court orders and delay in providing compliance evidence' 'Whether costs should be payable forthwith, dispensing with usual taxation timing']

Ratio Decidendi

While applicants’ responses were not entirely satisfactory, they made genuine efforts to comply with court orders. There was substantial, if delayed, compliance and the circumstances did not warrant departure from the usual party and party basis for costs nor justify that costs be payable forthwith. Respondents were not significantly prejudiced, so indemnity costs and immediate payment were not appropriate.

Court Disposition

Application for indemnity costs and for costs payable forthwith dismissed; party and party costs of case management hearing awarded to respondents.

Orders

  • ["The applicants pay the respondents' costs of and incidental to the case management hearing on 3 March 2022." 'The application for costs made by the respondents at the case management hearing on 3 March 2022 be otherwise dismissed.']