Hamod v State of New South Wales [2001] FCA 1389

Hamod v State of New South Wales [2001] FCA 1389

As each respondent wholly succeeded on their strike-out applications, costs should follow the event, with the applicants to pay the respondents' costs. Leave for taxation of costs forthwith is granted due to the likelihood of the proceedings continuing indefinitely without resolution, and no common representation will be permitted for future contested proceedings.

Jurisdiction
Australia
Judgment Date
24 September 2001
Procedural Posture
Civil / Costs and Consequential Orders Following Strike Out Application
Outcome
application disposed; orders for costs and leave for taxation granted; security for costs against corporate applicant stood over
Legal Topics
['costs' 'security for Costs' 'strike Out of Proceedings']
['civil Procedure'] ['costs' 'security for Costs' 'strike Out of Proceedings']

Case Brief

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Procedural Posture

Civil / Costs and Consequential Orders Following Strike Out Application

Legal Issues

  1. 1 ['whether respondents are entitled to costs following successful strike-out applications' 'leave for taxation of costs forthwith' 'security for costs against the corporate applicant' 'permissibility of common representation by litigant in person']

Ratio Decidendi

As each respondent wholly succeeded on their strike-out applications, costs should follow the event, with the applicants to pay the respondents' costs. Leave for taxation of costs forthwith is granted due to the likelihood of the proceedings continuing indefinitely without resolution, and no common representation will be permitted for future contested proceedings.

Court Disposition

application disposed; orders for costs and leave for taxation granted; security for costs against corporate applicant stood over

Orders

  • ['The Applicants pay the costs of each of the Respondents of the original statement of claim filed herein and subsequently abandoned.' 'The Applicants to pay the costs of each of the Respondents of the strike-out proceedings relating to the amended statement of claim, including the costs of the proceedings held on...