Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 6) [2006] FCA 790

Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd (No 6) [2006] FCA 790

The applicants had significantly failed to comply with pre-trial directions, including late provision of a proposed agreed documents list, draft statement of agreed facts, and opening materials, which had a practical effect on the respondents' trial preparation and caused an effective delay of one and a half days. The applicants were therefore ordered to pay any respondents' costs thrown away by reason of the late commencement of the trial, but not forthwith because quantification would not be straightforward and there was little practical advantage in such an order.

Jurisdiction
Australia
Judgment Date
23 June 2006
Procedural Posture
Costs Ruling in Federal Court Civil Proceedings / Ruling on Costs Occasioned by Late Start to Trial
Outcome
Applicants ordered to pay any costs of the respondents thrown away by reason of the late commencement of the trial; no order that costs be paid forthwith.
Legal Topics
['costs Thrown Away' 'late Commencement of Trial' 'non Compliance With Court Directions' 'security for Costs' 'pre Trial Directions']
['civil Procedure' 'costs'] ['costs Thrown Away' 'late Commencement of Trial' 'non Compliance With Court Directions' 'security for Costs' 'pre Trial Directions']

Case Brief

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Procedural Posture

Costs Ruling in Federal Court Civil Proceedings / Ruling on Costs Occasioned by Late Start to Trial

Legal Issues

  1. 1 ["Whether the applicants' defaults and delays caused the late commencement of the trial." "Whether the applicants should pay the respondents' costs thrown away by reason of the late commencement of the trial." 'Whether any costs thrown away should be paid forthwith.']

Ratio Decidendi

The applicants had significantly failed to comply with pre-trial directions, including late provision of a proposed agreed documents list, draft statement of agreed facts, and opening materials, which had a practical effect on the respondents' trial preparation and caused an effective delay of one and a half days. The applicants were therefore ordered to pay any respondents' costs thrown away by reason of the late commencement of the trial, but not forthwith because quantification would not be straightforward and there was little practical advantage in such an order.

Court Disposition

Applicants ordered to pay any costs of the respondents thrown away by reason of the late commencement of the trial; no order that costs be paid forthwith.

Orders

  • ['The applicants pay any costs of the respondents thrown away by reason of the late commencement of the trial of the action.']