Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 5) [2011] FCA 1187

Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 5) [2011] FCA 1187

As no special circumstances were proposed by any party, and none otherwise appear, the usual order applies: applicants must pay respondents' costs following dismissal of the application and striking out of the statement of claim.

Jurisdiction
Australia
Judgment Date
20 October 2011
Procedural Posture
Civil / Post Dismissal Costs Order
Outcome
application dismissed; costs ordered
Legal Topics
['costs' 'dismissal' 'striking Out Pleadings']
['civil Procedure'] ['costs' 'dismissal' 'striking Out Pleadings']

Case Brief

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Procedural Posture

Civil / Post Dismissal Costs Order

Legal Issues

  1. 1 ['Who should bear the costs of the proceeding after dismissal under s 31A(2) of the Federal Court of Australia Act 1976 (Cth)']

Ratio Decidendi

As no special circumstances were proposed by any party, and none otherwise appear, the usual order applies: applicants must pay respondents' costs following dismissal of the application and striking out of the statement of claim.

Court Disposition

application dismissed; costs ordered

Orders

  • ["The applicants pay the respondents' costs of, and incidental to, the proceeding (including reserved costs); and, in default of agreement, costs be taxed on a party and party basis."]