Hi-Fert Pty Ltd & Anor v Kiukiang Maritime Carriers Inc & Anor [1998] FCA 1640

Hi-Fert Pty Ltd & Anor v Kiukiang Maritime Carriers Inc & Anor [1998] FCA 1640

Because the appellants failed on the separate constitutional issue at first instance and on appeal, but were entirely successful on the other issues against the first respondent and substantially successful on the other issues against the second respondent, the respondents were awarded the costs of the separate constitutional issue and the appellants otherwise received their costs, with costs set off.

Jurisdiction
Australia
Judgment Date
18 December 1998
Procedural Posture
Appeal / Reasons for Judgment (no. 2) on Costs
Outcome
Appeal allowed in part.
Legal Topics
['costs of Appeal' 'separate Constitutional Issue' 'stay of Proceedings' 'referral to Arbitration']
['civil Procedure' 'costs' 'arbitration'] ['costs of Appeal' 'separate Constitutional Issue' 'stay of Proceedings' 'referral to Arbitration']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Reasons for Judgment (no. 2) on Costs

Legal Issues

  1. 1 ['How costs should be allocated after the appellants failed on the separate constitutional issue but succeeded on the other issues.' 'Whether parts of the proceedings should be stayed and referred to arbitration on conditions.']

Ratio Decidendi

Because the appellants failed on the separate constitutional issue at first instance and on appeal, but were entirely successful on the other issues against the first respondent and substantially successful on the other issues against the second respondent, the respondents were awarded the costs of the separate constitutional issue and the appellants otherwise received their costs, with costs set off.

Court Disposition

Appeal allowed in part.

Orders

  • ['The appeal be allowed in part.' "The orders made by the trial Judge on 12 December 1997 be set aside, and in lieu thereof: order that the first respondent's notice of motion dated 25 October 1996 be dismissed; order that the appellants pay the first respondent's costs of the separate constitutional issue;...