Comandate Marine Corp v Pan Australia Shipping [2006] FCA 1370

Comandate Marine Corp v Pan Australia Shipping [2006] FCA 1370

The determination of security to be provided was based on reasonable estimates of overseas legal costs, conducted with reference to evidence and judicial experience, balancing competing estimates and opt for those most credible. Each party is to bear its own costs for the notice of motion, due to the parties' failure to resolve the issue sensibly between themselves necessitating court involvement.

Parties
Appellant: Comandate Marine Corp; Respondent: Pan Australia Shipping Pty Ltd
Jurisdiction
Australia
Judgment Date
13 October 2006
Procedural Posture
Appeal / Post Hearing Order
Outcome
Security for costs fixed; own costs for each party.
Legal Topics
Security for Costs, Court Cooperation, Costs of Litigation
Admiralty Maritime Practice and Procedure Security for Costs Court Cooperation Costs of Litigation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 2 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Comandate Marine Corp

Appellant

Pan Australia Shipping Pty Ltd

Respondent

Procedural Posture

Appeal / Post Hearing Order

Legal Issues

  1. 1 Determination of appropriate security for costs to be provided by the respondent, including indemnity for reinstatement of orders and estimation of costs for proceedings in overseas jurisdictions.
  2. 2 Determination of the allocation of costs for the appellant's notice of motion.

Ratio Decidendi

The determination of security to be provided was based on reasonable estimates of overseas legal costs, conducted with reference to evidence and judicial experience, balancing competing estimates and opt for those most credible. Each party is to bear its own costs for the notice of motion, due to the parties' failure to resolve the issue sensibly between themselves necessitating court involvement.

Court Disposition

Security for costs fixed; own costs for each party.

Orders

  • Respondent to provide as security $21,221.42 in accordance with paragraph 9 of the Orders made by Rares J on 6 September 2006.
  • Each party to bear its own costs of the Appellant's notice of motion filed on 6 October 2006.