Puxty v Monarch Advisory Group Pty Ltd (Costs) [2023] FCA 650

Puxty v Monarch Advisory Group Pty Ltd (Costs) [2023] FCA 650

The applicant's grounds for appeal were misconceived, with factual and legal errors, and persisted despite the respondent's efforts to clearly articulate their deficiencies. This led to significant unnecessary increase in costs, warranting indemnity costs from 16 September 2021. Costs of this costs application to be paid by the applicant on the normal basis.

Jurisdiction
Australia
Judgment Date
19 May 2023
Procedural Posture
Application for Costs (appeal Extension/leave) / Post Refusal of Leave to Appeal, Costs Determination
Outcome
Indemnity costs awarded in part; costs of costs application awarded to respondent
Legal Topics
['indemnity Costs' 'costs on Appeal' 'civil Procedure']
['commercial and Corporations' 'regulator and Consumer Protection'] ['indemnity Costs' 'costs on Appeal' 'civil 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

Application for Costs (appeal Extension/leave) / Post Refusal of Leave to Appeal, Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded for the application for extension of time and leave to appeal' 'Whether costs of this costs application should be paid']

Ratio Decidendi

The applicant's grounds for appeal were misconceived, with factual and legal errors, and persisted despite the respondent's efforts to clearly articulate their deficiencies. This led to significant unnecessary increase in costs, warranting indemnity costs from 16 September 2021. Costs of this costs application to be paid by the applicant on the normal basis.

Court Disposition

Indemnity costs awarded in part; costs of costs application awarded to respondent

Orders

  • ["Applicant to pay respondent's costs of the application for extension of time and leave to appeal on party and party basis up to and including 15 September 2021" "Applicant to pay respondent's costs of the application for extension of time and leave to appeal on indemnity basis from 16 September 2021" "Applicant to...