Loyola v Cryeng Pty Ltd (No 3) [2014] FCAFC 7

Loyola v Cryeng Pty Ltd (No 3) [2014] FCAFC 7

The Court's intention when making the 10 July 2012 order was to order under Order 62, Rule 36A(1) that the respondent recover all of its costs at first instance from the appellants. Any uncertainty in paragraph 2(b) resulted from an accidental slip or omission, so it was appropriate to correct the order in the terms sought by the respondent.

Jurisdiction
Australia
Judgment Date
21 February 2014
Procedural Posture
Appeal; Practice and Procedure Application Concerning Costs Orders / Determined on the Papers After Dispute on Taxation of Costs
Outcome
Costs order amended.
Legal Topics
['slip Rule' 'amendment of Costs Order' 'party/party Costs' 'taxation of Costs']
['practice and Procedure' 'costs'] ['slip Rule' 'amendment of Costs Order' 'party/party Costs' 'taxation of Costs']

Case Brief

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Procedural Posture

Appeal; Practice and Procedure Application Concerning Costs Orders / Determined on the Papers After Dispute on Taxation of Costs

Legal Issues

  1. 1 ["Whether paragraph 2(b) of the order made on 10 July 2012 required the appellants to pay all of the respondent's costs at first instance on a party/party basis as taxed or agreed." 'Whether any uncertainty in the costs order resulted from an accidental slip or omission capable of correction under the slip rule.']

Ratio Decidendi

The Court's intention when making the 10 July 2012 order was to order under Order 62, Rule 36A(1) that the respondent recover all of its costs at first instance from the appellants. Any uncertainty in paragraph 2(b) resulted from an accidental slip or omission, so it was appropriate to correct the order in the terms sought by the respondent.

Court Disposition

Costs order amended.

Orders

  • ["Paragraph 2(b) of the order made on 10 July 2012 be amended to read: (b) Pursuant to Order 62, Rule 36A(1), the appellants pay all of the respondent's costs on a party/party basis as taxed or agreed."]