Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd (No 2) [2017] FCA 385

Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd (No 2) [2017] FCA 385

There is no reason to depart from the ordinary rule that costs follow the event; privilege applications resolved prior to the final hearing do not warrant an order that costs be in the cause.

Jurisdiction
Australia
Judgment Date
13 April 2017
Procedural Posture
Interlocutory Application Relating to Costs / Post Application for Advance Ruling; Costs Determination
Outcome
Application to vary order for costs refused
Legal Topics
['costs' 'privilege' 'advance Ruling Under Evidence Act' 'interlocutory Applications']
['commercial Law' 'corporations Law' 'evidence Law'] ['costs' 'privilege' 'advance Ruling Under Evidence Act' 'interlocutory Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application Relating to Costs / Post Application for Advance Ruling; Costs Determination

Legal Issues

  1. 1 ['Whether costs in an application for a ruling under s 192A of the Evidence Act regarding claim of privilege should be costs in the cause or follow the event' 'Whether circumstances warrant departure from the ordinary rule that costs follow the event']

Ratio Decidendi

There is no reason to depart from the ordinary rule that costs follow the event; privilege applications resolved prior to the final hearing do not warrant an order that costs be in the cause.

Court Disposition

Application to vary order for costs refused

Orders

  • ["The defendants' application to the Court to vary order 2 made on 30 March 2017 be refused"]