National Auto Glass Supplies (Australia) Pty Limited v Nielsen & Moller Autoglass (NSW) Pty Limited (No 6) [2007] FCA 570

National Auto Glass Supplies (Australia) Pty Limited v Nielsen & Moller Autoglass (NSW) Pty Limited (No 6) [2007] FCA 570

Due to the absence of notice and the circumstances of the application, the Court considered it appropriate that the applicants be protected regarding costs, ordering the second respondent to pay the applicants' costs of the application.

Jurisdiction
Australia
Judgment Date
13 April 2007
Procedural Posture
Application for Costs / Post Hearing; Costs Order Following Successful Application to Be Excused From Giving Further Evidence
Outcome
Second respondent ordered to pay the applicants' costs of the application.
Legal Topics
['costs Orders' 'application to Be Excused From Giving Further Evidence' 'hearing Date Vacating Applications']
['civil Procedure'] ['costs Orders' 'application to Be Excused From Giving Further Evidence' 'hearing Date Vacating Applications']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Application for Costs / Post Hearing; Costs Order Following Successful Application to Be Excused From Giving Further Evidence

Legal Issues

  1. 1 ["Whether the applicants should be awarded costs for the second respondent's application to be excused from giving further evidence" "Whether the second respondent's conduct regarding notice warrants costs protection for the applicants"]

Ratio Decidendi

Due to the absence of notice and the circumstances of the application, the Court considered it appropriate that the applicants be protected regarding costs, ordering the second respondent to pay the applicants' costs of the application.

Court Disposition

Second respondent ordered to pay the applicants' costs of the application.

Orders

  • ["The second respondent pay the applicants' costs of the second respondent's application which effectively occupied the whole of the hearing time before 1:00 pm today."]