Easterday, Clark Ervin v Australian Securities Commission & Anor [1996] FCA 793

Easterday, Clark Ervin v Australian Securities Commission & Anor [1996] FCA 793

The applicant's financial circumstances did not affect the respondents' entitlement to costs or the amount to be awarded. To reduce expense, delay and aggravation, it was appropriate to fix costs under O62 r4(2)(c), and because the applicant did not challenge the claimed amounts, the Court fixed the first respondent's costs at $1,566.00 and the second respondent's costs at $2,281.00.

Jurisdiction
Australia
Judgment Date
04 September 1996
Procedural Posture
Procedure Costs Assessment in Lieu of Taxation Application to Fix Costs / Reasons for Judgment and Minute of Order Fixing Respondents' Costs
Outcome
Applicant ordered to pay the first and second respondents' costs, fixed at $1,566.00 and $2,281.00 respectively.
Legal Topics
['costs' 'assessment in Lieu of Taxation' 'fixing Costs']
['civil Procedure'] ['costs' 'assessment in Lieu of Taxation' 'fixing Costs']

Case Brief

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Procedural Posture

Procedure Costs Assessment in Lieu of Taxation Application to Fix Costs / Reasons for Judgment and Minute of Order Fixing Respondents' Costs

Legal Issues

  1. 1 ["Whether the respondents' costs should be fixed in a certain sum under O62 r4(2)(c) of the Federal Court Rules." "What amounts should be fixed for the first and second respondents' costs." "Whether the applicant's financial circumstances affected the respondents' entitlement to costs or the amounts to be awarded."]

Ratio Decidendi

The applicant's financial circumstances did not affect the respondents' entitlement to costs or the amount to be awarded. To reduce expense, delay and aggravation, it was appropriate to fix costs under O62 r4(2)(c), and because the applicant did not challenge the claimed amounts, the Court fixed the first respondent's costs at $1,566.00 and the second respondent's costs at $2,281.00.

Court Disposition

Applicant ordered to pay the first and second respondents' costs, fixed at $1,566.00 and $2,281.00 respectively.

Orders

  • ['The applicant pay the costs of the first and second respondent.' 'Those costs be fixed in the amounts of $1,566.00 and $2,281.00 respectively.']