ACD Tridon v Tridon Australia [2003] NSWSC 357

ACD Tridon v Tridon Australia [2003] NSWSC 357

The appropriate order for costs in interlocutory applications depends on the usefulness and necessity of the applications, the conduct of the parties, and the stage at which applications are withdrawn or resolved; costs in the cause is generally appropriate where applications are interlocutory and fact-dependent, and particular allocations (including securities and funding proportions) are based on the respective interests and conduct in the matter.

Jurisdiction
Australia
Judgment Date
30 April 2003
Procedural Posture
Civil / Interlocutory Decision on Costs and Related Applications
Outcome
Orders made regarding the costs of various interlocutory applications, security for costs, and funding for a reference; draft orders to be prepared and submitted by parties.
Legal Topics
['costs' 'interlocutory Applications' 'security for Costs' 'subpoenas' 'case Management']
['equity' 'civil Procedure'] ['costs' 'interlocutory Applications' 'security for Costs' 'subpoenas' 'case Management']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Interlocutory Decision on Costs and Related Applications

Legal Issues

  1. 1 ['What is the appropriate costs order in respect of various interlocutory applications?' 'How should the costs of funding a reference under Part 72 be allocated among parties?' 'Should security for costs be ordered and if so, in what amounts?' 'Who should bear the costs of applications regarding subpoenas and document production?']

Ratio Decidendi

The appropriate order for costs in interlocutory applications depends on the usefulness and necessity of the applications, the conduct of the parties, and the stage at which applications are withdrawn or resolved; costs in the cause is generally appropriate where applications are interlocutory and fact-dependent, and particular allocations (including securities and funding proportions) are based on the respective interests and conduct in the matter.

Court Disposition

Orders made regarding the costs of various interlocutory applications, security for costs, and funding for a reference; draft orders to be prepared and submitted by parties.

Orders

  • ['Costs of consolidation applications to be costs in the proceeding.' "Plaintiff's costs of and incidental to strike-out applications by TAPL and Mr Lennox to be plaintiff's costs in the proceeding." "Costs of TNZL's strike-out application to be costs in the proceeding." 'Costs of stay applications to be costs in...