Austal Ships Pty Ltd (ACN 079 160 679) v Incat Australia Pty Ltd (ACN 051 556 855) (No 2) [2009] FCA 609

Austal Ships Pty Ltd (ACN 079 160 679) v Incat Australia Pty Ltd (ACN 051 556 855) (No 2) [2009] FCA 609

No order as to costs was appropriate because the applicant's only success was a formalisation of discovery order, while it substantively failed in pursuing wide-ranging discovery and other relief that occupied most of the hearing and preparation; the respondents also failed on their motion for judgment, so neither...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 June 2009
Procedural Posture
Costs Ruling / After Reasons Delivered on 20 April 2009 on Interlocutory Motions for Further Particular Discovery, Notice to Admit Facts, Notices to Produce, and Judgment
Outcome
No order as to costs.
Legal Topics
['costs Discretion' 'discovery' 'notice to Admit Facts' 'notices to Produce' 'motion for Judgment']
['civil Procedure' 'costs'] ['costs Discretion' 'discovery' 'notice to Admit Facts' 'notices to Produce' 'motion for Judgment']

Source-derived case record

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Procedural Posture

Costs Ruling / After Reasons Delivered on 20 April 2009 on Interlocutory Motions for Further Particular Discovery, Notice to Admit Facts, Notices to Produce, and Judgment

Legal Issues

  1. 1 ['Whether costs should be in the proceeding because the applicant obtained limited relief' "Whether there should be no order as to costs in light of the parties' respective success and failure on the interlocutory motions"]

Ratio Decidendi

No order as to costs was appropriate because the applicant's only success was a formalisation of discovery order, while it substantively failed in pursuing wide-ranging discovery and other relief that occupied most of the hearing and preparation; the respondents also failed on their motion for judgment, so neither side was entitled to a costs order.

Court Disposition

No order as to costs.

Orders

  • ['There be no order as to costs']