Needham, Albert v Australian Chemist Analysts Pty Ltd & Ors [1998] FCA 583

Needham, Albert v Australian Chemist Analysts Pty Ltd & Ors [1998] FCA 583

No order as to costs was appropriate for the motion transferring the proceedings from Sydney to Brisbane because the transfer was ordered primarily to obtain an earlier hearing date for a protracted matter. The respondents were ordered to pay the applicant's costs thrown away by the vacation of the trial dates and the costs of the motion to vacate because the delay was necessitated by Mr Kalocsai's ill health and preparation circumstances, neither of which was caused by the applicant.

Jurisdiction
Australia
Judgment Date
29 May 1998
Procedural Posture
Costs Ruling Following Dismissal of Principal Proceedings / Reserved Costs After Dismissal of Principal Proceedings
Outcome
No order as to costs for the transfer motion; respondents ordered to pay the applicant's costs thrown away by the vacation of trial dates and the costs of the motion to vacate the trial dates.
Legal Topics
['reserved Costs' 'transfer of Proceedings' 'vacation of Trial Dates' 'costs Thrown Away']
['civil Procedure' 'costs'] ['reserved Costs' 'transfer of Proceedings' 'vacation of Trial Dates' 'costs Thrown Away']

Case Brief

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Procedural Posture

Costs Ruling Following Dismissal of Principal Proceedings / Reserved Costs After Dismissal of Principal Proceedings

Legal Issues

  1. 1 ['What costs order should be made for the motion to transfer proceedings from Sydney Registry to Brisbane Registry.' "Whether the respondents should pay the applicant's costs thrown away by the vacation of trial hearing dates of 21 October 1996 to 25 October 1996 and the costs of the motion to vacate the trial dates."]

Ratio Decidendi

No order as to costs was appropriate for the motion transferring the proceedings from Sydney to Brisbane because the transfer was ordered primarily to obtain an earlier hearing date for a protracted matter. The respondents were ordered to pay the applicant's costs thrown away by the vacation of the trial dates and the costs of the motion to vacate because the delay was necessitated by Mr Kalocsai's ill health and preparation circumstances, neither of which was caused by the applicant.

Court Disposition

No order as to costs for the transfer motion; respondents ordered to pay the applicant's costs thrown away by the vacation of trial dates and the costs of the motion to vacate the trial dates.

Orders

  • ['There be no order as to costs as to the motion to transfer proceedings from Sydney to Brisbane.' "The respondents pay the applicant's costs thrown away by the vacation of the trial hearing dates of 21 October 1996 to 25 October 1996, if any, and the costs of the motion to vacate the trial dates."]