Australian Agricultural Company Limited v AMP Life Limited (No 2) [2006] FCA 841

Australian Agricultural Company Limited v AMP Life Limited (No 2) [2006] FCA 841

Given that neither party had complete success or failure across the interlocutory motion and subpoena dispute, and that a detailed apportionment of costs would be overly complex and potentially generate further disputes, the just outcome was to order that all costs of the motion and subpoenas be costs in the cause.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 July 2006
Procedural Posture
Civil / Costs Determination Following Interlocutory Motion
Outcome
Costs of the notice of motion and subpoenas to be costs in the cause
Legal Topics
['costs' 'discovery' 'subpoenas' 'privilege' 'amendment of Pleadings']
['civil Procedure'] ['costs' 'discovery' 'subpoenas' 'privilege' 'amendment of Pleadings']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Civil / Costs Determination Following Interlocutory Motion

Legal Issues

  1. 1 ['Appropriate order for costs in respect of interlocutory motion involving amendment of statement of claim, inspection of privileged documents, verification of discovery, further discovery, and issue of subpoenas']

Ratio Decidendi

Given that neither party had complete success or failure across the interlocutory motion and subpoena dispute, and that a detailed apportionment of costs would be overly complex and potentially generate further disputes, the just outcome was to order that all costs of the motion and subpoenas be costs in the cause.

Court Disposition

Costs of the notice of motion and subpoenas to be costs in the cause

Orders

  • ['The costs of the notice of motion dated 27 September 2005 be costs in the cause' 'The costs of the subpoenas issued by the respondents to Futuris Corporation Ltd, Ernst & Young and Ernst & Young Transaction Advisory Services Pty Ltd be costs in the cause']