Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd [2001] FCA 504

Tirango Nominees Pty Ltd v Dairy Vale Foods Ltd [2001] FCA 504

Because the application was unsuccessful and the cross-application was ultimately successful in its entirety, and no particular consideration justified departure from the ordinary course, the trial costs should follow the event. The Court was also satisfied it could proceed in the absence of the applicants and cross-respondents because they or their solicitors had been notified and the solicitors remained on the record or the parties had otherwise been informed.

Jurisdiction
Australia
Judgment Date
01 May 2001
Procedural Posture
Costs Determination in a Federal Court Proceeding / Reserved Trial Costs After Full Court Appeals
Outcome
Costs awarded to the respondent on the application and to the cross-applicant on the cross-application.
Legal Topics
['costs Follow the Event' 'reserved Costs' 'solicitor Ceasing to Act' 'non Appearance at Costs Hearing']
['civil Procedure' 'costs'] ['costs Follow the Event' 'reserved Costs' 'solicitor Ceasing to Act' 'non Appearance at Costs Hearing']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Determination in a Federal Court Proceeding / Reserved Trial Costs After Full Court Appeals

Legal Issues

  1. 1 ['Whether the reserved costs of the trial should be ordered to follow the event after the respondent succeeded on the application and the cross-applicant succeeded on the cross-application.' 'Whether it was appropriate to proceed with the costs hearing and make orders despite the non-appearance of the applicants and cross-respondents and issues concerning their solicitors ceasing to act.']

Ratio Decidendi

Because the application was unsuccessful and the cross-application was ultimately successful in its entirety, and no particular consideration justified departure from the ordinary course, the trial costs should follow the event. The Court was also satisfied it could proceed in the absence of the applicants and cross-respondents because they or their solicitors had been notified and the solicitors remained on the record or the parties had otherwise been informed.

Court Disposition

Costs awarded to the respondent on the application and to the cross-applicant on the cross-application.

Orders

  • ['The applicants pay to the respondent costs of the application to be taxed.' 'The cross-respondents pay to the cross-applicant costs of the cross-application to be taxed.']