Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 3) [2013] FCA 42

Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 3) [2013] FCA 42

The application for leave to file a further re-amended statement of claim is dismissed. Judgment for the respondent is granted and costs awarded on the usual party and party basis, as no special circumstances exist and applicants failed to file submissions within time.

Jurisdiction
Australia
Judgment Date
31 January 2013
Procedural Posture
Civil / Final Determination, Costs Orders
Outcome
Application dismissed; judgment for respondent; costs awarded to respondent.
Legal Topics
['summary Judgment' 'costs' 'leave to Amend Pleadings']
['civil Procedure'] ['summary Judgment' 'costs' 'leave to Amend Pleadings']

Case Brief

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Procedural Posture

Civil / Final Determination, Costs Orders

Legal Issues

  1. 1 ['Whether leave should be granted to file a further re-amended statement of claim' 'Entitlement to costs upon summary judgment']

Ratio Decidendi

The application for leave to file a further re-amended statement of claim is dismissed. Judgment for the respondent is granted and costs awarded on the usual party and party basis, as no special circumstances exist and applicants failed to file submissions within time.

Court Disposition

Application dismissed; judgment for respondent; costs awarded to respondent.

Orders

  • ["The applicants' application for leave to file a further re-amended statement of claim be dismissed." 'Judgment be given for the respondent in relation to the whole of the proceeding.' "The applicants to pay the respondent's costs of the proceeding, including all reserved costs, to be taxed if not agreed."]