Cortis Exhaust Systems Pty Ltd v Kitten Software Pty Ltd [1998] FCA 1448

The self-executing order for judgment is vacated due to purported compliance and reasonable indication by the respondent to seek costs instead of judgment; costs are awarded against the applicant on an indemnity basis given consent to the order.

Jurisdiction: Australia
Judgment Date: 03 November 1998
Procedural Posture: Application to Vacate Self Executing Order / Ex Tempore Judgment
Outcome: Application to vacate self-executing order granted; application to strike out statement of claim dismissed.
Legal Topics: ['vacation of Self Executing Order' 'costs' 'striking Out Statement of Claim']

['civil Procedure'] ['vacation of Self Executing Order' 'costs' 'striking Out Statement of Claim']

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Procedural Posture

Application to Vacate Self Executing Order / Ex Tempore Judgment

Legal Issues

1 ['Whether the self-executing order for judgment should be vacated' 'Appropriate orders as to costs' 'Whether the statement of claim should be struck out']

Ratio Decidendi

Court Disposition

Application to vacate self-executing order granted; application to strike out statement of claim dismissed.

Orders

['Self-executing order vacated.' 'Applicant to bear costs on indemnity basis as fixed or agreed.' 'Leave granted for costs orders to be taken out forthwith.' 'Application to strike out statement of claim dismissed.' 'No order as to costs for the strike out application.']