Australian Securities and Investments Commission v Cassimatis [2011] FCA 796

Australian Securities and Investments Commission v Cassimatis [2011] FCA 796

ASIC's repeated amendments to its statement of claim, despite the respondents' early notice of deficiencies, justify departing from the general principle to delay taxation and payment of interlocutory costs until after the conclusion of proceedings. In these exceptional circumstances, it is in the interests of justice that the respondents be able to tax and collect their costs now.

Parties
Applicant: Australian Securities and Investments Commission; First Respondent: Emmanuel George Cassimatis; Second Respondent: Julie Gladys Cassimatis
Jurisdiction
Australia
Judgment Date
18 July 2011
Procedural Posture
Costs Application (interlocutory) / Post Interlocutory Order; Application for Taxation and Payment of Costs Forthwith
Outcome
Respondents' application granted.
Legal Topics
Costs, Interlocutory Applications, Pleadings
Civil Procedure Costs Interlocutory Applications Pleadings

Case Brief

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Parties

Australian Securities and Investments Commission

Applicant

Emmanuel George Cassimatis

First Respondent

Julie Gladys Cassimatis

Second Respondent

Procedural Posture

Costs Application (interlocutory) / Post Interlocutory Order; Application for Taxation and Payment of Costs Forthwith

Legal Issues

  1. 1 Whether the respondents may tax and collect their costs of the interlocutory orders of 15 June 2011 forthwith, contrary to the general principle under Order 62 rule 3(3) of the Federal Court Rules

Ratio Decidendi

ASIC's repeated amendments to its statement of claim, despite the respondents' early notice of deficiencies, justify departing from the general principle to delay taxation and payment of interlocutory costs until after the conclusion of proceedings. In these exceptional circumstances, it is in the interests of justice that the respondents be able to tax and collect their costs now.

Court Disposition

Respondents' application granted.

Orders

  • The respondents may tax and collect their costs of the interlocutory orders of 15 June 2011 forthwith.