Australian Competition & Consumer Commission v Global Prepaid Communications Pty Ltd [2004] FCA 620

Australian Competition & Consumer Commission v Global Prepaid Communications Pty Ltd [2004] FCA 620

This was not a proper case to depart from the normal approach to costs for a successful strike out motion. Although the statement of claim was struck out, leave to re-plead had been granted and the issues determined on the strike out application were, in substantial measure, determined in favour of the applicant despite serious pleading defects. The sixth respondent's costs of the motion should therefore be his costs in the proceeding, not costs taxed and paid immediately.

Jurisdiction
Australia
Judgment Date
19 April 2004
Procedural Posture
Proceeding by the Australian Competition and Consumer Commission Involving an Interlocutory Strike Out Motion / Costs Determination Following an Order Striking Out the Amended Statement of Claim With Leave to File a Further Statement of Claim
Outcome
The sixth respondent obtained an order that the costs of the motion to strike out the statement of claim be his costs in the proceeding; immediate taxation and payment was not ordered.
Legal Topics
['strike Out Application' 'statement of Claim' 'pleading Defects' 'interlocutory Costs' 'immediate Taxation and Payment of Costs']
['civil Procedure' 'costs'] ['strike Out Application' 'statement of Claim' 'pleading Defects' 'interlocutory Costs' 'immediate Taxation and Payment of Costs']

Case Brief

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Procedural Posture

Proceeding by the Australian Competition and Consumer Commission Involving an Interlocutory Strike Out Motion / Costs Determination Following an Order Striking Out the Amended Statement of Claim With Leave to File a Further Statement of Claim

Legal Issues

  1. 1 ['Whether the sixth respondent should receive the costs of the motion to strike out the statement of claim' 'Whether those costs should be taxed and paid immediately or treated as costs in the proceeding']

Ratio Decidendi

This was not a proper case to depart from the normal approach to costs for a successful strike out motion. Although the statement of claim was struck out, leave to re-plead had been granted and the issues determined on the strike out application were, in substantial measure, determined in favour of the applicant despite serious pleading defects. The sixth respondent's costs of the motion should therefore be his costs in the proceeding, not costs taxed and paid immediately.

Court Disposition

The sixth respondent obtained an order that the costs of the motion to strike out the statement of claim be his costs in the proceeding; immediate taxation and payment was not ordered.

Orders

  • ["So far as the sixth respondent is concerned, the costs of the motion to strike out the statement of claim be the sixth respondent's costs in the proceeding."]