Narellan Pools Pty Ltd & Ors v Compass Ceramic Composite Pty Ltd [1996] FCA 296

Narellan Pools Pty Ltd & Ors v Compass Ceramic Composite Pty Ltd [1996] FCA 296

The motion was dismissed because, although the earlier interlocutory costs order concerned relief that had been finally determined at that interlocutory level and the principal proceedings might continue for some months, those matters did not take the costs order outside the ordinary course or justify an exception to the general rule that interlocutory costs are not taxed or paid until the principal proceeding is concluded.

Jurisdiction
Australia
Judgment Date
02 April 1996
Procedural Posture
Practice and Procedure Motion Seeking Orders for Payment of Costs Forthwith and Leave to Tax a Bill of Costs Forthwith Under O 62 R 3 Rr (2) and (3) of the Federal Court Rules / Interlocutory Motion
Outcome
Motion dismissed.
Legal Topics
['payment of Costs Forthwith' 'taxation of Bill of Costs Forthwith' 'interlocutory Proceedings' 'federal Court Rules O 62 R 3 Rr (2), (3)']
['practice and Procedure' 'costs'] ['payment of Costs Forthwith' 'taxation of Bill of Costs Forthwith' 'interlocutory Proceedings' 'federal Court Rules O 62 R 3 Rr (2), (3)']

Case Brief

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Procedural Posture

Practice and Procedure Motion Seeking Orders for Payment of Costs Forthwith and Leave to Tax a Bill of Costs Forthwith Under O 62 R 3 Rr (2) and (3) of the Federal Court Rules / Interlocutory Motion

Legal Issues

  1. 1 ['Whether the respondent should be granted orders for payment of costs forthwith and leave to tax a bill of costs forthwith in respect of costs awarded on an unsuccessful interlocutory motion.' 'Whether the circumstances of the interlocutory costs order took the matter outside the ordinary course and into a category of exception to the general rule.']

Ratio Decidendi

The motion was dismissed because, although the earlier interlocutory costs order concerned relief that had been finally determined at that interlocutory level and the principal proceedings might continue for some months, those matters did not take the costs order outside the ordinary course or justify an exception to the general rule that interlocutory costs are not taxed or paid until the principal proceeding is concluded.

Court Disposition

Motion dismissed.

Orders

  • ['The motion be dismissed.' "The respondent pay the applicant's costs of the motion, that is the motion in paragraph 1 of the notice of motion, and the costs of this morning's proceedings."]