Meaden v Bell Potter Securities Limited (No 3) [2012] FCA 1394

Meaden v Bell Potter Securities Limited (No 3) [2012] FCA 1394

Justice demands, on the particular facts—where the respondent would be out of pocket for a long time due to the applicants' partial abandonment of the larger case and other practicalities—that costs orders made on 2 May 2012 and 1 November 2012 be made taxable and payable forthwith, departing from the general rule,...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
14 December 2012
Procedural Posture
Costs Application Within Federal Court Proceedings / Post Interlocutory Application, Costs Order
Outcome
Application allowed in part
Legal Topics
['costs' 'security for Costs' 'interlocutory Orders']
['civil Procedure'] ['costs' 'security for Costs' 'interlocutory Orders']

Source-derived case record

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

Costs Application Within Federal Court Proceedings / Post Interlocutory Application, Costs Order

Legal Issues

  1. 1 ['Whether costs orders in favour of the respondent should be made taxable and payable forthwith, departing from the general practice that a party may not have costs taxed until the conclusion of proceedings.']

Ratio Decidendi

Justice demands, on the particular facts—where the respondent would be out of pocket for a long time due to the applicants' partial abandonment of the larger case and other practicalities—that costs orders made on 2 May 2012 and 1 November 2012 be made taxable and payable forthwith, departing from the general rule, but such departure is not justified in relation to the costs order of 24 February 2011.

Court Disposition

Application allowed in part

Orders

  • ["The respondent's costs thrown away by the amendments to the statement of claim filed 6 October 2010 by reason of the filing of a further amended statement of claim be taxable and payable by the first applicant forthwith." "The respondent's costs of its application dated 27 September 2011 for an order under s 33N...