W Hoy Pty Ltd v W.T.H. Pty Ltd (No 2) [2018] FCA 506

W Hoy Pty Ltd v W.T.H. Pty Ltd (No 2) [2018] FCA 506

The prospective applicant was ordered to pay the prospective respondent's costs of the urgent application forthwith because the failed application was a standalone urgent application brought before any substantive proceeding was commenced, the substantive proceeding was yet to be filed and might not be resolved for some time, the issues determined on the urgent application were discrete, the prospective applicant's case was not strong, damages were an adequate remedy, the balance of convenience favoured the prospective respondent, and the order was not a tactical attempt to frustrate the proceeding.

Jurisdiction
Australia
Judgment Date
13 April 2018
Procedural Posture
Costs Determination Following Dismissal of Urgent Application for Interlocutory Injunctions / Determined on the Papers After the Question of Costs Was Reserved
Outcome
The prospective applicant was ordered to pay the prospective respondent's costs of the urgent application forthwith.
Legal Topics
['costs Payable Forthwith' 'urgent Application' 'interlocutory Injunctions' 'lump Sum Costs Order']
['costs' 'civil Procedure' 'commercial and Corporations'] ['costs Payable Forthwith' 'urgent Application' 'interlocutory Injunctions' 'lump Sum Costs Order']

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Procedural Posture

Costs Determination Following Dismissal of Urgent Application for Interlocutory Injunctions / Determined on the Papers After the Question of Costs Was Reserved

Legal Issues

  1. 1 ["Whether the prospective applicant should pay the prospective respondent's costs of the urgent application forthwith." 'Whether the circumstances justified deferring costs until the conclusion of a substantive proceeding that had not yet been commenced.']

Ratio Decidendi

The prospective applicant was ordered to pay the prospective respondent's costs of the urgent application forthwith because the failed application was a standalone urgent application brought before any substantive proceeding was commenced, the substantive proceeding was yet to be filed and might not be resolved for some time, the issues determined on the urgent application were discrete, the prospective applicant's case was not strong, damages were an adequate remedy, the balance of convenience favoured the prospective respondent, and the order was not a tactical attempt to frustrate the proceeding.

Court Disposition

The prospective applicant was ordered to pay the prospective respondent's costs of the urgent application forthwith.

Orders

  • ['The costs of the prospective respondent on the urgent application be paid by the prospective applicant forthwith.' 'If the parties cannot agree the costs within 30 days, the Court will hear the parties on the terms of a lump sum costs order.' 'Liberty be granted to apply for programming orders for the lump sum...