Australian Securities and Investments Commission v Mining Projects Group Limited (No 3) [2008] FCA 952

Australian Securities and Investments Commission v Mining Projects Group Limited (No 3) [2008] FCA 952

The costs thrown away by reason of the vacation of the trial date should be paid by Mining Projects Group Limited, as the late filing of expert reports by the defendants was the principal cause of the adjournment. However, it is not appropriate to order that the costs be paid forthwith, as final judgment is not far...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
24 June 2008
Procedural Posture
Civil Penalty Proceedings / Interlocutory Costs Following Vacation of Trial Date
Outcome
Costs thrown away to be paid by first defendant, not forthwith; no order as to immediate payment of costs or taxation.
Legal Topics
['costs' 'interlocutory Applications' 'privilege Against Self Incrimination' 'discovery and Evidence' 'expert Evidence']
['corporations Law' 'civil Procedure'] ['costs' 'interlocutory Applications' 'privilege Against Self Incrimination' 'discovery and Evidence' 'expert Evidence']

Source-derived case record

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Procedural Posture

Civil Penalty Proceedings / Interlocutory Costs Following Vacation of Trial Date

Legal Issues

  1. 1 ['Which party should pay the costs thrown away by reason of the trial date being vacated' 'Whether such costs should be payable forthwith']

Ratio Decidendi

The costs thrown away by reason of the vacation of the trial date should be paid by Mining Projects Group Limited, as the late filing of expert reports by the defendants was the principal cause of the adjournment. However, it is not appropriate to order that the costs be paid forthwith, as final judgment is not far away and payment is not unduly delayed.

Court Disposition

Costs thrown away to be paid by first defendant, not forthwith; no order as to immediate payment of costs or taxation.

Orders

  • ["The First Defendant pay the Plaintiff's costs thrown away by reason of the trial date of 16 June 2008 being vacated, including the costs of the directions hearings on 12 and 19 June 2008." 'No order for payment forthwith of those costs.']