All Services Australia Pty Ltd v Telstra Corp Ltd [2000] FCA 375

All Services Australia Pty Ltd v Telstra Corp Ltd [2000] FCA 375

Although ASA delayed in providing particulars of loss and damage, Telstra had consented to relevant costs orders at case review conferences, the earlier amendments did not show that the proceedings were not properly pleaded from the outset, and the delay in Telstra taxing its costs would not amount to much in the context of a fairly complex action. The delay did not justify an order under O 62 r 3 or variation of the earlier costs order, so the motion was dismissed.

Jurisdiction
Australia
Judgment Date
28 March 2000
Procedural Posture
Costs Motion in Federal Court Proceeding / Interlocutory Motion Seeking That Earlier Costs Orders Be Taxed and Paid Forthwith
Outcome
Motion dismissed.
Legal Topics
['interlocutory Costs' 'taxation and Payment of Costs Forthwith' 'delay in Pleading Particulars of Loss and Damage' 'trade Practices Act 1974 (cth) S 52']
['civil Procedure' 'costs' 'trade Practices'] ['interlocutory Costs' 'taxation and Payment of Costs Forthwith' 'delay in Pleading Particulars of Loss and Damage' 'trade Practices Act 1974 (cth) S 52']

Case Brief

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Procedural Posture

Costs Motion in Federal Court Proceeding / Interlocutory Motion Seeking That Earlier Costs Orders Be Taxed and Paid Forthwith

Legal Issues

  1. 1 ["Whether earlier costs orders made in Telstra's favour should be taxed and paid forthwith before the conclusion of the proceedings because of ASA's delay in pleading and particularising its case." 'Whether the existing costs order from the second case review conference should be varied.']

Ratio Decidendi

Although ASA delayed in providing particulars of loss and damage, Telstra had consented to relevant costs orders at case review conferences, the earlier amendments did not show that the proceedings were not properly pleaded from the outset, and the delay in Telstra taxing its costs would not amount to much in the context of a fairly complex action. The delay did not justify an order under O 62 r 3 or variation of the earlier costs order, so the motion was dismissed.

Court Disposition

Motion dismissed.

Orders

  • ['The motion be dismissed.' "The respondnet pay the Applicant's costs of the motion."]