Green and anor v AMP Financial Planning Pty Ltd and anor No 2 [2004] NSWIRComm 205

Green and anor v AMP Financial Planning Pty Ltd and anor No 2 [2004] NSWIRComm 205

The general rule that interlocutory costs are not payable forthwith should not be displaced in these proceedings; the circumstances do not justify costs being payable before the conclusion of the substantive proceedings.

Parties
First Applicant: Gary Sydney Green; Second Applicant: Gary Green Pty Ltd (ACN 010 415 639); First Respondent: AMP Financial Planning Pty Ltd (ABN 051 208 327); Second Respondent: AMP Life Limited (ABN 84 079 300 379)
Jurisdiction
Australia
Judgment Date
22 July 2004
Procedural Posture
Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Costs
Outcome
Application for costs payable forthwith declined.
Legal Topics
Interlocutory Costs, Amendment of Summons, Costs Payable Forthwith
Industrial Relations Interlocutory Costs Amendment of Summons Costs Payable Forthwith

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Parties

Gary Sydney Green

First Applicant

Gary Green Pty Ltd (ACN 010 415 639)

Second Applicant

AMP Financial Planning Pty Ltd (ABN 051 208 327)

First Respondent

AMP Life Limited (ABN 84 079 300 379)

Second Respondent

Procedural Posture

Application Under S 106 of the Industrial Relations Act 1996 / Interlocutory Judgment on Costs

Legal Issues

  1. 1 Whether interlocutory costs should be payable forthwith

Ratio Decidendi

The general rule that interlocutory costs are not payable forthwith should not be displaced in these proceedings; the circumstances do not justify costs being payable before the conclusion of the substantive proceedings.

Court Disposition

Application for costs payable forthwith declined.

Orders

  • The respondents are to have an order for costs in their favour confined to argument as to whether the costs of the third further amended summons should become payable forthwith.
  • Those discrete costs shall be in an amount assessed under the Legal Profession Act in default of agreement.