Committe Interprofesionnel des Vines des Cotes des Provence v Bryce [1999] FCA 1838

Committe Interprofesionnel des Vines des Cotes des Provence v Bryce [1999] FCA 1838

The respondents' motion was dismissed because Heerey J could not sit on appeal from Merkel J's costs order and, as the order had been made after argument by counsel, no slip rule basis for varying or vacating it was shown.

Jurisdiction
Australia
Judgment Date
17 December 1999
Procedural Posture
Notice of Motion Concerning Costs Order / Respondents' Motion to Vacate or Vary Costs Order After Discontinuance
Outcome
The respondents' notice of motion was dismissed.
Legal Topics
['variation of Costs Order' 'slip Rule' 'discontinuance' 'taxation of Costs']
['civil Procedure' 'costs'] ['variation of Costs Order' 'slip Rule' 'discontinuance' 'taxation of Costs']

Case Brief

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Procedural Posture

Notice of Motion Concerning Costs Order / Respondents' Motion to Vacate or Vary Costs Order After Discontinuance

Legal Issues

  1. 1 ['Whether the order for costs made by Merkel J on 28 October 1996 should be vacated or varied.' "Whether the Court could alter another judge's costs order where the order was made after argument and no slip rule error was shown."]

Ratio Decidendi

The respondents' motion was dismissed because Heerey J could not sit on appeal from Merkel J's costs order and, as the order had been made after argument by counsel, no slip rule basis for varying or vacating it was shown.

Court Disposition

The respondents' notice of motion was dismissed.

Orders

  • ["The respondent's motion by notice dated 16 November 1999 is dismissed."]