Sherwood v Commonwealth Bank of Australia [2012] FCA 951

Sherwood v Commonwealth Bank of Australia [2012] FCA 951

Because the partial opt-out application was no longer pressed, had no apparent utility in the Sherwood Proceedings, and would be finally determined by dismissal, the Commonwealth Bank of Australia was entirely successful on the application and the usual rule that costs follow the event applied. Dr Anthony John Oliver and Dr Mark Allan Irving were therefore ordered to pay the Commonwealth Bank of Australia's costs of the application.

Jurisdiction
Australia
Judgment Date
17 August 2012
Procedural Posture
Representative Proceeding Pursuant to Pt IVA of the Federal Court of Australia Act 1976 (cth) / Ruling on Dr Anthony John Oliver and Dr Mark Allan Irving's Amended Application to Partially Opt Out
Outcome
The application was dismissed with costs payable to the Commonwealth Bank of Australia.
Legal Topics
['partial Opt Out Application' 'group Members' 'interlocutory Application' 'costs Follow the Event']
['civil Procedure' 'representative Proceedings' 'costs'] ['partial Opt Out Application' 'group Members' 'interlocutory Application' 'costs Follow the Event']

Case Brief

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Procedural Posture

Representative Proceeding Pursuant to Pt IVA of the Federal Court of Australia Act 1976 (cth) / Ruling on Dr Anthony John Oliver and Dr Mark Allan Irving's Amended Application to Partially Opt Out

Legal Issues

  1. 1 ['Whether the application of Dr Anthony John Oliver and Dr Mark Allan Irving to partially opt out should be dismissed after it was no longer pressed.' "Whether Dr Anthony John Oliver and Dr Mark Allan Irving should pay the Commonwealth Bank of Australia's costs of the application."]

Ratio Decidendi

Because the partial opt-out application was no longer pressed, had no apparent utility in the Sherwood Proceedings, and would be finally determined by dismissal, the Commonwealth Bank of Australia was entirely successful on the application and the usual rule that costs follow the event applied. Dr Anthony John Oliver and Dr Mark Allan Irving were therefore ordered to pay the Commonwealth Bank of Australia's costs of the application.

Court Disposition

The application was dismissed with costs payable to the Commonwealth Bank of Australia.

Orders

  • ['The application of Dr Anthony John Oliver and Dr Mark Allan Irving filed 23 March 2012, as amended 30 March 2012, be dismissed.' 'Dr Anthony John Oliver and Dr Mark Allan Irving pay to the Commonwealth Bank of Australia its costs of and incidental to that application.']