Canberra Residential Developments Pty Limited v Brendas [2010] FCA 169

Canberra Residential Developments Pty Limited v Brendas [2010] FCA 169

Both the applicant and the first, second, and third respondents were partially successful on the notice of motion. It is appropriate that each bear their own costs. The applicant is to pay the fourth respondent's costs, as the notice of motion was abandoned against the fourth respondent only after the incurring of unnecessary costs by that party.

Jurisdiction
Australia
Judgment Date
04 March 2010
Procedural Posture
Costs Application / Post Judgment; Costs Determination on Amended Notice of Motion
Outcome
Each party to bear their own costs except the applicant must pay the fourth respondent's costs.
Legal Topics
['costs' 'apportionment of Costs' 'federal Court Practice']
['civil Procedure'] ['costs' 'apportionment of Costs' 'federal Court Practice']

Case Brief

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Procedural Posture

Costs Application / Post Judgment; Costs Determination on Amended Notice of Motion

Legal Issues

  1. 1 ['How should costs be apportioned where each party was partially successful on a notice of motion?' 'Is the applicant required to pay costs to the fourth respondent given the abandonment of claims against that party?' 'Should each party bear its own costs with respect to the other respondents?']

Ratio Decidendi

Both the applicant and the first, second, and third respondents were partially successful on the notice of motion. It is appropriate that each bear their own costs. The applicant is to pay the fourth respondent's costs, as the notice of motion was abandoned against the fourth respondent only after the incurring of unnecessary costs by that party.

Court Disposition

Each party to bear their own costs except the applicant must pay the fourth respondent's costs.

Orders

  • ['Each of the applicant, the first respondent, the second respondent and the third respondent bear their own costs of the amended notice of motion filed in Court on 16 February 2010.' "The applicant pay the fourth respondent's costs of the amended notice of motion filed in Court on 16 February 2010."]