Tan v AWAP SGT 26 Investment Ltd [2012] FCA 835

Tan v AWAP SGT 26 Investment Ltd [2012] FCA 835

Given the applicants’ unexplained failure to pay the agreed costs and absence of instructions to appear, indemnity costs are justified and the application should be dismissed.

Jurisdiction
Australia
Judgment Date
19 July 2012
Procedural Posture
General Civil / Final Judgment on Application for Costs
Outcome
application dismissed; costs ordered against applicants
Legal Topics
['costs' 'settlement of Costs' 'indemnity Costs']
['civil Procedure'] ['costs' 'settlement of Costs' 'indemnity Costs']

Case Brief

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Procedural Posture

General Civil / Final Judgment on Application for Costs

Legal Issues

  1. 1 ['Whether a declaration should be made regarding an agreement about costs' 'Whether costs should be ordered on an indemnity basis' 'Appropriate quantum of costs']

Ratio Decidendi

Given the applicants’ unexplained failure to pay the agreed costs and absence of instructions to appear, indemnity costs are justified and the application should be dismissed.

Court Disposition

application dismissed; costs ordered against applicants

Orders

  • ['The application be dismissed.' "The applicants pay the respondents' costs of the application, fixed on an indemnity basis, in the sum of $2000."]