Coutts v Close [2014] FCA 141

Coutts v Close [2014] FCA 141

None of the matters relied on by the applicant justified departing from the general rule that costs should follow the event: the document delay caused no significant prejudice, reminders to serving AFP officers about secrecy obligations were not inappropriate, and the respondents' challenge to the amended subpoena was not unreasonable. The applicant was therefore to pay the respondents' costs.

Jurisdiction
Australia
Judgment Date
28 February 2014
Procedural Posture
Costs / Post Judgment Costs Determination Following Written Submissions
Outcome
The applicant was ordered to pay the respondents' costs.
Legal Topics
['costs Follow the Event' 'departure From Usual Costs Rule' 'delay in Providing Documents' 'affidavit Evidence From Australian Federal Police Officers' 'subpoena for Production']
['costs'] ['costs Follow the Event' 'departure From Usual Costs Rule' 'delay in Providing Documents' 'affidavit Evidence From Australian Federal Police Officers' 'subpoena for Production']

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Procedural Posture

Costs / Post Judgment Costs Determination Following Written Submissions

Legal Issues

  1. 1 ['Whether the circumstances justified departing from the general rule that costs should follow the event.' 'Whether alleged delay by the respondents in providing documents warranted a different costs order.' "Whether the respondents' reminders to serving AFP officers about secrecy obligations affected the costs order." "Whether the respondents' conduct in relation to an amended subpoena warranted a different costs order."]

Ratio Decidendi

None of the matters relied on by the applicant justified departing from the general rule that costs should follow the event: the document delay caused no significant prejudice, reminders to serving AFP officers about secrecy obligations were not inappropriate, and the respondents' challenge to the amended subpoena was not unreasonable. The applicant was therefore to pay the respondents' costs.

Court Disposition

The applicant was ordered to pay the respondents' costs.

Orders

  • ["The applicant is to pay the respondents' costs of and incidental to the proceedings as agreed or assessed."]