Duus v Dalvella Pty Ltd (No. 2) [2008] FCA 187

Duus v Dalvella Pty Ltd (No. 2) [2008] FCA 187

Leave was appropriate because the costs order arose from a discrete interlocutory matter concerning an independent application for leave to extend time for leave to appeal from an interlocutory judgment, rather than from a step in the ordinary course of the principal proceeding or default in its conduct.

Jurisdiction
Australia
Judgment Date
23 January 2008
Procedural Posture
Practice and Procedure Application for Costs Order Pursuant to Order 62, Rule 3 of the Federal Court Rules / Application for Leave to Deliver and Tax a Bill of Costs Before the Principal Proceeding Is Concluded
Outcome
Leave granted to the first and second applicants to deliver and tax a bill of costs immediately and to recover those costs upon taxation or agreement notwithstanding that the principal proceeding is not concluded.
Legal Topics
['taxation of Costs' 'interlocutory Costs' 'leave to Recover Costs Before Determination of Proceedings' 'federal Court Rules Order 62 Rule 3(3)']
['practice and Procedure' 'costs'] ['taxation of Costs' 'interlocutory Costs' 'leave to Recover Costs Before Determination of Proceedings' 'federal Court Rules Order 62 Rule 3(3)']

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Procedural Posture

Practice and Procedure Application for Costs Order Pursuant to Order 62, Rule 3 of the Federal Court Rules / Application for Leave to Deliver and Tax a Bill of Costs Before the Principal Proceeding Is Concluded

Legal Issues

  1. 1 ['Whether the party having the benefit of the costs order should be given leave under Order 62 rule 3(3) to deliver a bill of costs and recover those costs before determination of the principal proceeding.' 'Whether the costs order related to a discrete matter rather than a step in the proceeding itself.']

Ratio Decidendi

Leave was appropriate because the costs order arose from a discrete interlocutory matter concerning an independent application for leave to extend time for leave to appeal from an interlocutory judgment, rather than from a step in the ordinary course of the principal proceeding or default in its conduct.

Court Disposition

Leave granted to the first and second applicants to deliver and tax a bill of costs immediately and to recover those costs upon taxation or agreement notwithstanding that the principal proceeding is not concluded.

Orders

  • ['Leave be given to the first and second applicants to deliver and tax a bill of costs in relation to the costs the subject of order 2 of the orders of the Court made on 23 January 2008, notwithstanding that the principal proceeding is not concluded and the respondents in the proceeding shall pay those costs either...