AMP Services Ltd v Manning (No 3) [2007] FCA 510

AMP Services Ltd v Manning (No 3) [2007] FCA 510

Arrive Wealth Management's costs order should not be reduced by O 62 r 36A due to the bona fide and complex nature of the claims, but should be reduced by 25% to reflect failed issues. The claim against Pollianna Harkness was speculative and hopeless, warranting solicitor-client costs in her favour.

Parties
Plaintiff: AMP Services Ltd; Plaintiff: Arrive Wealth Management Ltd; Defendant: Angela Manning; Defendant: Pollianna Harkness
Jurisdiction
Australia
Judgment Date
11 April 2007
Procedural Posture
Civil / Post Judgment (costs Order)
Outcome
Partial success for Arrive Wealth Management Ltd; full costs not recovered. Orders as specified.
Legal Topics
Costs, Apportionment of Costs, Speculative Actions, Solicitor Client Costs
Civil Procedure Costs Apportionment of Costs Speculative Actions Solicitor Client Costs

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 3 Authorities cited 2 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

AMP Services Ltd

Plaintiff

Arrive Wealth Management Ltd

Plaintiff

Angela Manning

Defendant

Pollianna Harkness

Defendant

Procedural Posture

Civil / Post Judgment (costs Order)

Legal Issues

  1. 1 Should Order 62 rule 36A reduce costs awarded to Arrive Wealth Management Ltd?
  2. 2 Should Arrive Wealth Management Ltd recover all its costs from Angela Manning?
  3. 3 Should solicitor-client costs be awarded to Pollianna Harkness?

Ratio Decidendi

Arrive Wealth Management's costs order should not be reduced by O 62 r 36A due to the bona fide and complex nature of the claims, but should be reduced by 25% to reflect failed issues. The claim against Pollianna Harkness was speculative and hopeless, warranting solicitor-client costs in her favour.

Court Disposition

Partial success for Arrive Wealth Management Ltd; full costs not recovered. Orders as specified.

Orders

  • The firstnamed defendant (Angela Manning) to pay 75 per cent of the secondnamed plaintiff's (Arrive Wealth Management Ltd) costs on a party and party basis, not reduced by O 62 r 36A, to be taxed in default of agreement.
  • The plaintiffs to pay the secondnamed defendant's (Pollianna Harkness) costs on a solicitor-client basis, to be taxed in default of agreement.