Avant-Garde Logistics Solutions Pty Ltd v Productreview.com.au Pty Ltd [2022] FCA 484

Avant-Garde Logistics Solutions Pty Ltd v Productreview.com.au Pty Ltd [2022] FCA 484

Because the proceeding had already been automatically dismissed after the applicant failed to serve its draft amended statement of claim, the interlocutory relief sought was wholly inutile, inappropriate or both; the interlocutory application was therefore dismissed, with the applicant ordered to pay the respondent's costs of the application fixed at $3,000.00 and the respondent's broader costs of the matter to be assessed if not agreed.

Jurisdiction
Australia
Judgment Date
27 April 2022
Procedural Posture
Commercial and Corporations Proceeding, Regulator and Consumer Protection Sub Area / Interlocutory Application Heard After the Proceeding Had Been Automatically Dismissed for Failure to Comply With Self Executing Orders
Outcome
The applicant's interlocutory application of 18 February 2022 was dismissed. The applicant was ordered to pay the respondent's costs of that application fixed at $3,000.00 and the respondent's costs of the matter, except for aspects separately covered by existing costs orders, to be assessed if not agreed.
Legal Topics
['self Executing Orders' 'dismissal for Non Compliance' 'interlocutory Application' 'costs']
['practice and Procedure' 'commercial and Corporations'] ['self Executing Orders' 'dismissal for Non Compliance' 'interlocutory Application' 'costs']

Case Brief

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Procedural Posture

Commercial and Corporations Proceeding, Regulator and Consumer Protection Sub Area / Interlocutory Application Heard After the Proceeding Had Been Automatically Dismissed for Failure to Comply With Self Executing Orders

Legal Issues

  1. 1 ["Whether the applicant's interlocutory application of 18 February 2022 should be entertained after the originating application had been automatically dismissed pursuant to self-executing orders." 'Whether the relief sought in the interlocutory application was useful or appropriate in a proceeding that was no longer extant.' "Whether the applicant should pay the respondent's costs of the interlocutory application and of the matter more broadly."]

Ratio Decidendi

Because the proceeding had already been automatically dismissed after the applicant failed to serve its draft amended statement of claim, the interlocutory relief sought was wholly inutile, inappropriate or both; the interlocutory application was therefore dismissed, with the applicant ordered to pay the respondent's costs of the application fixed at $3,000.00 and the respondent's broader costs of the matter to be assessed if not agreed.

Court Disposition

The applicant's interlocutory application of 18 February 2022 was dismissed. The applicant was ordered to pay the respondent's costs of that application fixed at $3,000.00 and the respondent's costs of the matter, except for aspects separately covered by existing costs orders, to be assessed if not agreed.

Orders

  • ["The applicant's interlocutory application of 18 February 2022 be dismissed." "The applicant shall pay the respondent's costs of and associated with that interlocutory application in the sum of $3,000.00." "The applicant shall pay the respondent's costs of and associated with the matter (except insofar as concerns...