O'Brien v Sheahan [2005] FCA 306

The respondent was entitled to an order for costs on a party and party basis where the application had been dismissed and the applicant did not object to such an order.

Jurisdiction: Australia
Judgment Date: 07 July 2005
Procedural Posture: Application for Costs / Post Judgment Costs Application After Dismissal of the Application and Dismissal of the Applicant's Appeal
Outcome: The Court made a costs order in favour of the respondent.
Legal Topics: ['costs' 'party and Party Costs']

['civil Procedure'] ['costs' 'party and Party Costs']

Case Brief

Summary, issues, holding and outcome

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Costs / Post Judgment Costs Application After Dismissal of the Application and Dismissal of the Applicant's Appeal

Legal Issues

1 ["Whether the applicant should pay the respondent's costs of the proceedings before Lander J on a party and party basis."]

Ratio Decidendi

The respondent was entitled to an order for costs on a party and party basis where the application had been dismissed and the applicant did not object to such an order.

Court Disposition

The Court made a costs order in favour of the respondent.

Orders

['The applicant pay to the respondent John Sheahan his costs of the trial.' "The applicant pay the respondent's costs of and incidental to the proceedings before Lander J on a party and party basis."]