Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506

Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506

Given the respondents' deliberate attempts to evade service, failure to attend Court processes, and lack of cooperation, the applicant is entitled to indemnity costs for the period 18 November to 13 December 2011. For the subsequent period, costs follow the usual rule and are awarded on a party and party basis. The circumstances justify making a lump sum costs order to avoid further waste of resources.

Jurisdiction
Australia
Judgment Date
17 May 2012
Procedural Posture
Civil / Post Judgment; Determination of Costs Following Default Judgment
Outcome
Respondents ordered to pay applicant's costs as specified; lump sum costs order made; costs incurred after 24 February 2012 reserved.
Legal Topics
['costs' 'indemnity Costs' 'lump Sum Costs' 'federal Court Procedure']
['civil Procedure'] ['costs' 'indemnity Costs' 'lump Sum Costs' 'federal Court Procedure']

Case Brief

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

Civil / Post Judgment; Determination of Costs Following Default Judgment

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded for certain periods' 'Whether a lump sum costs order is appropriate' 'How costs should be fixed when respondents evade service and frustrate proceedings']

Ratio Decidendi

Given the respondents' deliberate attempts to evade service, failure to attend Court processes, and lack of cooperation, the applicant is entitled to indemnity costs for the period 18 November to 13 December 2011. For the subsequent period, costs follow the usual rule and are awarded on a party and party basis. The circumstances justify making a lump sum costs order to avoid further waste of resources.

Court Disposition

Respondents ordered to pay applicant's costs as specified; lump sum costs order made; costs incurred after 24 February 2012 reserved.

Orders

  • ["Respondents to pay applicant's costs of the proceeding: (a) for the period 18 November 2011 to 13 December 2011 inclusive, on an indemnity basis; (b) for the period 14 December 2011 to 24 February 2012 inclusive, on a party and party basis." 'Pursuant to rule 40.02(b) of the Federal Court Rules 2011, the costs...