Airberg Pty Ltd v Cut Price Deli Pty Ltd [2001] FCA 1895

Airberg Pty Ltd v Cut Price Deli Pty Ltd [2001] FCA 1895

Because the second respondent sought payment of money held as security for costs, the third respondent consented, and the second respondent and his solicitors gave an undertaking that no attempt would be made to recover the balance of the taxed costs from Michael Douglas Faulkner or Antonietta Faulkner, the Court ordered payment of the $5,000 to the second respondent and ordered the first applicant to pay the second respondent's costs of the motion.

Jurisdiction
Australia
Judgment Date
13 December 2001
Procedural Posture
Notice of Motion for Payment Out of Security for Costs / Motion Determined in the Federal Court of Australia
Outcome
Motion granted.
Legal Topics
['security for Costs' 'payment Out of Money Held by the Court' 'taxed Costs' 'discontinuance' 'undertakings to the Court']
['civil Procedure' 'costs'] ['security for Costs' 'payment Out of Money Held by the Court' 'taxed Costs' 'discontinuance' 'undertakings to the Court']

Case Brief

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Procedural Posture

Notice of Motion for Payment Out of Security for Costs / Motion Determined in the Federal Court of Australia

Legal Issues

  1. 1 ['Whether the amount of $5,000 held by the Court as security for costs should be paid forthwith to the second respondent.' 'Whether the undertaking that no attempt would be made to recover the balance of taxed costs from Michael Douglas Faulkner or Antonietta Faulkner was sufficient to address uncertainty about whether they remained parties.']

Ratio Decidendi

Because the second respondent sought payment of money held as security for costs, the third respondent consented, and the second respondent and his solicitors gave an undertaking that no attempt would be made to recover the balance of the taxed costs from Michael Douglas Faulkner or Antonietta Faulkner, the Court ordered payment of the $5,000 to the second respondent and ordered the first applicant to pay the second respondent's costs of the motion.

Court Disposition

Motion granted.

Orders

  • ['The amount of $5,000 held by the Court as security for costs be paid forthwith to the second respondent.' 'The first applicant pay the costs of the second respondent of the motion.']