ACCC v Multigroup Distribution (No. 2) [2002] FCA 251

ACCC v Multigroup Distribution (No. 2) [2002] FCA 251

Because the judge's statements when giving ex tempore reasons showed that the costs order was intended to include any costs occasioned by the necessity to re-plead, order number 2 should be varied to reflect that intention.

Jurisdiction
Australia
Judgment Date
14 March 2002
Procedural Posture
Claim by the Third Respondent to Strike Out the Amended Statement of Claim as Against Him / Further Reasons for Judgment Varying the Costs Order Pronounced on 26 February 2002
Outcome
Order number 2 of the orders pronounced on 26 February 2002 varied.
Legal Topics
['strike Out of Statement of Claim' 'variation of Orders' 'costs of Motion' 'costs Occasioned by Re Pleading']
['civil Procedure' 'costs'] ['strike Out of Statement of Claim' 'variation of Orders' 'costs of Motion' 'costs Occasioned by Re Pleading']

Case Brief

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Procedural Posture

Claim by the Third Respondent to Strike Out the Amended Statement of Claim as Against Him / Further Reasons for Judgment Varying the Costs Order Pronounced on 26 February 2002

Legal Issues

  1. 1 ['Whether order number 2 of the orders pronounced on 26 February 2002 should be varied to include any costs occasioned by the necessity to re-plead.']

Ratio Decidendi

Because the judge's statements when giving ex tempore reasons showed that the costs order was intended to include any costs occasioned by the necessity to re-plead, order number 2 should be varied to reflect that intention.

Court Disposition

Order number 2 of the orders pronounced on 26 February 2002 varied.

Orders

  • ['Order number 2 of the orders pronounced on 26 February 2002 be varied so that it reads: "2. The respondent on the motion pay the costs of the applicant on the motion, to be taxed if not agreed, including any costs occasioned by the necessity to re-plead."']