Raffin v Modern Assets Australia Pty Ltd [2023] FCA 1130

Raffin v Modern Assets Australia Pty Ltd [2023] FCA 1130

The applicant's conduct in relation to pleading preparation and filing was unreasonable, resulting in significant delay; thus, the interests of justice supported upholding the Registrar’s order for costs to be paid forthwith. However, there were insufficient grounds to award indemnity costs or depart from a party and party basis.

Jurisdiction
Australia
Judgment Date
21 September 2023
Procedural Posture
Costs Application in Ongoing Proceedings / Interlocutory (review of Registrar’s Costs Order)
Outcome
Application for review of Registrar’s costs order dismissed; Registrar’s order for costs to be paid forthwith on a party and party basis affirmed.
Legal Topics
['costs' 'interlocutory Applications' 'party and Party Costs' 'striking Out Pleadings']
['civil Procedure' 'commercial Law'] ['costs' 'interlocutory Applications' 'party and Party Costs' 'striking Out Pleadings']

Case Brief

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Procedural Posture

Costs Application in Ongoing Proceedings / Interlocutory (review of Registrar’s Costs Order)

Legal Issues

  1. 1 ['Whether costs of interlocutory application should be paid forthwith' 'Whether costs should be awarded on an indemnity basis' 'Whether there are special circumstances to depart from general rule on interlocutory costs']

Ratio Decidendi

The applicant's conduct in relation to pleading preparation and filing was unreasonable, resulting in significant delay; thus, the interests of justice supported upholding the Registrar’s order for costs to be paid forthwith. However, there were insufficient grounds to award indemnity costs or depart from a party and party basis.

Court Disposition

Application for review of Registrar’s costs order dismissed; Registrar’s order for costs to be paid forthwith on a party and party basis affirmed.

Orders

  • ["The applicant pay the respondents' costs of and incidental to the respondents' interlocutory application dated 16 July 2021 (including costs of the applicant's amended review application dated 16 May 2023) forthwith on a party and party basis."]