Vintage Developments Pty Limited v GHD Pty Limited (No 3) [2007] FCA 72

Both Vintage and Grant Johnston should bear their own costs of the motion for leave to join Grant Johnston as a respondent, as the procedural irregularity was cured, and both parties' actions led to the dispute regarding joinder and costs.

Parties: First Applicant: Vintage Developments Pty Limited; Second Applicant: Errol Investments Pty Limited; First Respondent / Cross Claimant: GHD Pty Limited; Second Respondent / Cross Respondent: Hunter Valley Estates Pty Ltd; Third Respondent: Grant Heaton Johnston
Jurisdiction: Australia
Judgment Date: 07 March 2007
Procedural Posture: Civil / Costs Order Following Motion for Joinder
Outcome: Each party to bear own costs of the notice of motion dated 9 December 2005.
Legal Topics: Joinder of Parties, Costs

Civil Procedure Joinder of Parties Costs

Case Brief

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Parties

Vintage Developments Pty Limited

First Applicant

Errol Investments Pty Limited

Second Applicant

GHD Pty Limited

First Respondent / Cross Claimant

Hunter Valley Estates Pty Ltd

Second Respondent / Cross Respondent

Grant Heaton Johnston

Third Respondent

Procedural Posture

Civil / Costs Order Following Motion for Joinder

Legal Issues

1 Should costs be awarded following the motion for joinder of the third respondent?

Ratio Decidendi

Court Disposition

Each party to bear own costs of the notice of motion dated 9 December 2005.

Orders

The applicants and the third respondent are to bear their own costs of the notice of motion dated 9 December 2005.