Prinsloo v Stanton (WA) Pty Ltd [2015] FCA 1081

Prinsloo v Stanton (WA) Pty Ltd [2015] FCA 1081

A contingent costs order is appropriate: the prospective applicants are to pay the respondents' costs of the preliminary discovery application and of complying with the orders, unless they commence substantive proceedings by a specified date, in which event costs will be costs in the action.

Parties
First Prospective Applicant: Christiaan Albrecht Prinsloo; Second Prospective Applicant: Prinwalla Holdings Pty Ltd ACN 089 981 402; Third Prospective Applicant: Kandabe Pty Ltd ACN 002 355 062; First Prospective Respondent: Stanton (WA) Pty Ltd ACN 126 742 498; Second Prospective Respondent: Qube Bulk Pty Ltd ACN 138 868 756
Jurisdiction
Australia
Judgment Date
08 October 2015
Procedural Posture
Preliminary Discovery Application / Costs Determination After Preliminary Discovery Orders
Outcome
Contingent costs order made
Legal Topics
Preliminary Discovery, Costs
Civil Procedure Preliminary Discovery Costs

Case Brief

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Parties

Christiaan Albrecht Prinsloo

First Prospective Applicant

Prinwalla Holdings Pty Ltd ACN 089 981 402

Second Prospective Applicant

Kandabe Pty Ltd ACN 002 355 062

Third Prospective Applicant

Stanton (WA) Pty Ltd ACN 126 742 498

First Prospective Respondent

Qube Bulk Pty Ltd ACN 138 868 756

Second Prospective Respondent

Procedural Posture

Preliminary Discovery Application / Costs Determination After Preliminary Discovery Orders

Legal Issues

  1. 1 Whether prospective applicants should pay the costs of the preliminary discovery application and compliance with the orders
  2. 2 Whether a contingent costs order should be made

Ratio Decidendi

A contingent costs order is appropriate: the prospective applicants are to pay the respondents' costs of the preliminary discovery application and of complying with the orders, unless they commence substantive proceedings by a specified date, in which event costs will be costs in the action.

Court Disposition

Contingent costs order made

Orders

  • The prospective applicants pay the costs of the prospective respondents, comprising the costs of the application for preliminary discovery (including the argument on costs), and the costs of complying with the orders for preliminary discovery made on 21 August 2015, unless, on or before 18 December 2015, or such...