Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd (No 4) [2012] FCA 116

Australian Securities and Investments Commission v Australian Lending Centre Pty Ltd (No 4) [2012] FCA 116

The application to vary the earlier costs order was refused because the case did not involve a simple breakdown between claims or parties; evidence relevant to Mr Riotto and the McIlwraith loan also bore on the positions of other borrowers, making it inappropriate to separate the respondents' liabilities for costs.

Jurisdiction
Australia
Judgment Date
21 February 2012
Procedural Posture
Application to Reopen Costs Order / Post Judgment Application Concerning Costs Order Made on 3 February 2012
Outcome
Application to reopen the costs order dismissed; matter listed for directions.
Legal Topics
['reopening Costs Order' 'apportionment of Costs' 'joint and Several Liability for Costs']
['civil Procedure' 'costs'] ['reopening Costs Order' 'apportionment of Costs' 'joint and Several Liability for Costs']

Case Brief

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Procedural Posture

Application to Reopen Costs Order / Post Judgment Application Concerning Costs Order Made on 3 February 2012

Legal Issues

  1. 1 ["Whether the costs order made on 3 February 2012 should be revoked and replaced with an order apportioning the respondents' liability for costs according to their participation in the trial."]

Ratio Decidendi

The application to vary the earlier costs order was refused because the case did not involve a simple breakdown between claims or parties; evidence relevant to Mr Riotto and the McIlwraith loan also bore on the positions of other borrowers, making it inappropriate to separate the respondents' liabilities for costs.

Court Disposition

Application to reopen the costs order dismissed; matter listed for directions.

Orders

  • ['The application to reopen the costs order made on 3 February 2012 be dismissed.' 'The matter be listed for directions on 6 March 2012 at 9:30am.']