Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4

Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4

The extent of amendment did not justify an exercise of discretion to dispense with r 40.13 of the Federal Court Rules 2011 (Cth), since the substance of the dispute and core allegations remain the same and policy considerations against multiple taxations or interlocutory costs orders during litigation outweigh the reasons advanced for immediate taxation or payment.

Parties
Applicant: Dale Cameron Watson; First Respondent: Stephen Con Kriticos; Second Respondent: Whitewater West Industries Ltd.
Jurisdiction
Australia
Judgment Date
13 January 2022
Procedural Posture
Costs Application / Determination of Interlocutory Costs Following Amendment of Pleadings
Outcome
The Applicant to pay the First Respondent's costs thrown away by reason of the amendment of the pleadings undertaken pursuant to the orders of 10 September 2021.
Legal Topics
Costs, Interlocutory Applications, Pleadings Amendment
Civil Procedure Costs Interlocutory Applications Pleadings Amendment

Case Brief

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Parties

Dale Cameron Watson

Applicant

Stephen Con Kriticos

First Respondent

Whitewater West Industries Ltd.

Second Respondent

Procedural Posture

Costs Application / Determination of Interlocutory Costs Following Amendment of Pleadings

Legal Issues

  1. 1 Whether to order that costs payable to the First Respondent by reason of amendments to the pleadings be taxed immediately and payable forthwith notwithstanding Federal Court Rules 2011 (Cth) r 40.13

Ratio Decidendi

The extent of amendment did not justify an exercise of discretion to dispense with r 40.13 of the Federal Court Rules 2011 (Cth), since the substance of the dispute and core allegations remain the same and policy considerations against multiple taxations or interlocutory costs orders during litigation outweigh the reasons advanced for immediate taxation or payment.

Court Disposition

The Applicant to pay the First Respondent's costs thrown away by reason of the amendment of the pleadings undertaken pursuant to the orders of 10 September 2021.

Orders

  • The Applicant pay the First Respondent's costs thrown away by reason of the amendment of the pleadings undertaken pursuant to the orders of 10 September 2021.