Picos v Servcorp Limited (No 2) [2015] FCA 494

Picos v Servcorp Limited (No 2) [2015] FCA 494

Because the second to seventh respondents were wholly successful in applying for summary dismissal of the proceedings against them and in resisting the applicant's interlocutory applications, and because the applicant gave no reason why they should be deprived of their costs, the ordinary rule that costs follow the event applied.

Jurisdiction
Australia
Judgment Date
20 May 2015
Procedural Posture
Costs / Costs Determination Following Dismissal of Proceedings Against the Second to Eighth Respondents
Outcome
Costs ordered against the applicant in favour of the second to seventh respondents.
Legal Topics
['costs Follow the Event' 'summary Dismissal' 'want of Jurisdiction']
['civil Procedure' 'costs'] ['costs Follow the Event' 'summary Dismissal' 'want of Jurisdiction']

Case Brief

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Procedural Posture

Costs / Costs Determination Following Dismissal of Proceedings Against the Second to Eighth Respondents

Legal Issues

  1. 1 ['Whether the applicant should pay the costs of the second to seventh respondents after they were wholly successful in obtaining summary dismissal and resisting interlocutory applications.']

Ratio Decidendi

Because the second to seventh respondents were wholly successful in applying for summary dismissal of the proceedings against them and in resisting the applicant's interlocutory applications, and because the applicant gave no reason why they should be deprived of their costs, the ordinary rule that costs follow the event applied.

Court Disposition

Costs ordered against the applicant in favour of the second to seventh respondents.

Orders

  • ['The applicant is to pay the costs of the second to seventh respondents of and incidental to the applications for summary dismissal filed by the second to seventh respondents, and otherwise in the proceedings, as agreed or taxed.']