Wileypark Pty Ltd v AMP Limited (No 2) [2018] FCAFC 167

Wileypark Pty Ltd v AMP Limited (No 2) [2018] FCAFC 167

The Court ordered that costs be costs in the cause because the statutory issues warranted caution, the applicants had acted responsibly and reasonably in both the Supreme Court proceeding and the Federal Court proceedings, and they should not be treated as losing parties for raising issues in proceedings regularly and reasonably brought in the Federal Court.

Jurisdiction
Australia
Judgment Date
05 October 2018
Procedural Posture
Practice and Procedure; Costs After Application to Transfer Proceedings / Determination of Remaining Question of Costs After Orders Transferring Proceedings to the Supreme Court of New South Wales
Outcome
In each proceeding, the costs of the parties, including the costs of the application to transfer the proceeding to the Supreme Court of New South Wales, were ordered to be costs in the cause.
Legal Topics
['costs' 'application to Transfer' 'costs in the Cause']
['practice and Procedure' 'commercial and Corporations'] ['costs' 'application to Transfer' 'costs in the Cause']

Case Brief

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Procedural Posture

Practice and Procedure; Costs After Application to Transfer Proceedings / Determination of Remaining Question of Costs After Orders Transferring Proceedings to the Supreme Court of New South Wales

Legal Issues

  1. 1 ["Whether the costs of the parties in the Federal Court proceedings, including the costs of the application to transfer the proceedings to the Supreme Court of New South Wales, should be costs in the cause or whether some applicants should pay AMP's costs of the transfer applications."]

Ratio Decidendi

The Court ordered that costs be costs in the cause because the statutory issues warranted caution, the applicants had acted responsibly and reasonably in both the Supreme Court proceeding and the Federal Court proceedings, and they should not be treated as losing parties for raising issues in proceedings regularly and reasonably brought in the Federal Court.

Court Disposition

In each proceeding, the costs of the parties, including the costs of the application to transfer the proceeding to the Supreme Court of New South Wales, were ordered to be costs in the cause.

Orders

  • ['The costs of the parties to the proceeding, including costs of the application to transfer the proceeding to the Supreme Court of New South Wales, be costs in the cause.']