Asia Television Limited v Yau's Entertainment Pty Limited (ACN 003 584 183) [2005] FCA 1881

Asia Television Limited v Yau's Entertainment Pty Limited (ACN 003 584 183) [2005] FCA 1881

Because more than five years had passed since the cross-claimant was ordered to pay the second cross-respondent's costs, there was no evidence of taxation proceedings, no effective substantive reply from the second cross-respondent, and no bill of costs had been provided despite request and notice of the hearing, the $20,000 security for costs in the Litigants' Fund was ordered to be returned to the solicitor for the cross-claimant after seven days.

Jurisdiction
Australia
Judgment Date
14 December 2005
Procedural Posture
Practice and Procedure – Security for Costs / Order for Return of Security for Costs After Costs Order and Delay in Provision of Bill of Costs
Outcome
The $20,000 security for costs was ordered to be returned to the solicitor for the cross-claimant after seven days, with notice to be given to the solicitor for the second cross-respondent.
Legal Topics
['security for Costs' 'costs' "litigants' Fund" 'taxation of Costs']
['civil Procedure'] ['security for Costs' 'costs' "litigants' Fund" 'taxation of Costs']

Case Brief

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Procedural Posture

Practice and Procedure – Security for Costs / Order for Return of Security for Costs After Costs Order and Delay in Provision of Bill of Costs

Legal Issues

  1. 1 ["Whether the $20,000 security for costs paid into the Litigants' Fund should be returned to the cross-claimant after the second cross-respondent failed to provide a bill of costs or take effective steps for taxation for more than five years after a costs order."]

Ratio Decidendi

Because more than five years had passed since the cross-claimant was ordered to pay the second cross-respondent's costs, there was no evidence of taxation proceedings, no effective substantive reply from the second cross-respondent, and no bill of costs had been provided despite request and notice of the hearing, the $20,000 security for costs in the Litigants' Fund was ordered to be returned to the solicitor for the cross-claimant after seven days.

Court Disposition

The $20,000 security for costs was ordered to be returned to the solicitor for the cross-claimant after seven days, with notice to be given to the solicitor for the second cross-respondent.

Orders

  • ["The amount of $20,000 in the Litigants' Fund pursuant to order 3 made on 15 June 1999 be returned to the solicitor for the cross-claimant, Yau's Entertainment Pty Limited, after the expiration of seven days from today's date." 'Notice of the above order be given by the Registry to the solicitor on the record for...