Collex Waste Management Pty Ltd v Waste Recycling & Processing Service of NSW [1999] FCA 939

Collex Waste Management Pty Ltd v Waste Recycling & Processing Service of NSW [1999] FCA 939

Collex should pay the first respondent's costs on a party and party basis until 12 February 1999 and on an indemnity basis after that date, because by then it should have been clear to Collex that its case was hopeless and should not proceed further. A similar order applies for the second respondent, on dates agreed by the parties.

Parties
Applicant: Collex Waste Management Pty Limited; First Respondent: The Waste Recycling and Processing Service of New South Wales; Second Respondent: Thiess Environmental Services Pty Limited
Jurisdiction
Australia
Judgment Date
25 June 1999
Procedural Posture
Civil / Post Dismissal, Costs Determination
Outcome
Costs order against the applicant in favour of both respondents, with different bases depending on timeframes.
Legal Topics
Costs, Summary Dismissal, Indemnity Costs
Civil Procedure Costs Summary Dismissal Indemnity Costs

Case Brief

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Parties

Collex Waste Management Pty Limited

Applicant

The Waste Recycling and Processing Service of New South Wales

First Respondent

Thiess Environmental Services Pty Limited

Second Respondent

Procedural Posture

Civil / Post Dismissal, Costs Determination

Legal Issues

  1. 1 Whether costs should be awarded on a party and party or indemnity basis to the respondents, and from what date

Ratio Decidendi

Collex should pay the first respondent's costs on a party and party basis until 12 February 1999 and on an indemnity basis after that date, because by then it should have been clear to Collex that its case was hopeless and should not proceed further. A similar order applies for the second respondent, on dates agreed by the parties.

Court Disposition

Costs order against the applicant in favour of both respondents, with different bases depending on timeframes.

Orders

  • The applicant pay the first respondent's costs of the proceeding on a party and party basis until 12 February 1999 and on an indemnity basis after that date.
  • The applicant pay the second respondent's costs of the proceeding on a party and party basis until 21 December 1998 and on an indemnity basis after that date.