Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2003] FCA 195

Australian Competition and Consumer Commission v Chaste Corporation Pty Ltd [2003] FCA 195

Because the notice of motion was refused with costs, O 62 r 7 meant no separate order directing taxation was required. However, the costs were costs of an interlocutory proceeding, so O 62 r 3(3) prevented taxation until the principal proceeding was concluded or a further order was made. The Court found no reason to depart from that rule or to order immediate taxation.

Jurisdiction
Australia
Judgment Date
12 March 2003
Procedural Posture
Costs on Interlocutory Motion / Notice of Motion for Interlocutory Relief Dismissed; Costs and Timing of Taxation Determined
Outcome
Application for interlocutory relief dismissed; fourth respondent awarded costs of the motion, to be taxed if not agreed, but not immediately taxable before conclusion of the principal proceedings or further order.
Legal Topics
['costs of Motion' 'taxation of Costs' 'interlocutory Proceedings' 'federal Court Rules O 62 R 3 and R 7']
['civil Procedure' 'costs'] ['costs of Motion' 'taxation of Costs' 'interlocutory Proceedings' 'federal Court Rules O 62 R 3 and R 7']

Case Brief

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Procedural Posture

Costs on Interlocutory Motion / Notice of Motion for Interlocutory Relief Dismissed; Costs and Timing of Taxation Determined

Legal Issues

  1. 1 ['Whether a successful respondent to a dismissed interlocutory motion should have costs of and incidental to the motion.' 'Whether an order for costs of a refused interlocutory motion can be taxed immediately before conclusion of the principal proceeding.']

Ratio Decidendi

Because the notice of motion was refused with costs, O 62 r 7 meant no separate order directing taxation was required. However, the costs were costs of an interlocutory proceeding, so O 62 r 3(3) prevented taxation until the principal proceeding was concluded or a further order was made. The Court found no reason to depart from that rule or to order immediate taxation.

Court Disposition

Application for interlocutory relief dismissed; fourth respondent awarded costs of the motion, to be taxed if not agreed, but not immediately taxable before conclusion of the principal proceedings or further order.

Orders

  • ['The application for interlocutory relief sought in the notice of motion filed 29 January 2003 be dismissed.' 'The respondent to the motion have his costs of and incidental to it, to be taxed if not agreed.']