King v Yurisich (No 2) [2005] FCA 1765

King v Yurisich (No 2) [2005] FCA 1765

While the fourth and fifth respondents were successful, some of their conduct unreasonably prolonged the proceedings. In the exercise of the Court's discretion, they are entitled to costs, but those costs should be reduced to 70% to reflect their conduct.

Parties
Applicants: John Miller Campbell King & Others as Trustees of the Travel Compensation Fund; First Respondent: Wayne James Yurisich; Second Respondent: Cheryl Anne Yurisich; Third Respondent: Yvonne Gottschalk; Fourth Respondent: Lane Moller Partners Pty Limited t/as Lane Moller Partners; Fifth Respondent: Robert Young
Jurisdiction
Australia
Judgment Date
02 December 2005
Procedural Posture
Costs Application / Post Trial (after Judgment on Claims)
Outcome
Applicants to pay 70% of the fourth and fifth respondents' costs on a party and party basis.
Legal Topics
Costs, Discretion in Costs Orders, Costs Follow the Event, Party and Party Costs
Civil Procedure Costs Discretion in Costs Orders Costs Follow the Event Party and Party Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 3 Party arguments 2
Sign in to unlock

Parties

John Miller Campbell King & Others as Trustees of the Travel Compensation Fund

Applicants

Wayne James Yurisich

First Respondent

Cheryl Anne Yurisich

Second Respondent

Yvonne Gottschalk

Third Respondent

Lane Moller Partners Pty Limited t/as Lane Moller Partners

Fourth Respondent

Robert Young

Fifth Respondent

Procedural Posture

Costs Application / Post Trial (after Judgment on Claims)

Legal Issues

  1. 1 Whether costs should follow the event in favour of the fourth and fifth respondents who succeeded at trial
  2. 2 Whether the fourth and fifth respondents' conduct warranted a reduction in their costs orders

Ratio Decidendi

While the fourth and fifth respondents were successful, some of their conduct unreasonably prolonged the proceedings. In the exercise of the Court's discretion, they are entitled to costs, but those costs should be reduced to 70% to reflect their conduct.

Court Disposition

Applicants to pay 70% of the fourth and fifth respondents' costs on a party and party basis.

Orders

  • The applicants pay 70 per cent of the fourth and fifth respondents' costs on a party and party basis.