Deangrove Pty Ltd v Buckby [2002] FCA 1353

Deangrove Pty Ltd v Buckby [2002] FCA 1353

Although the applicant and those standing behind it were responsible for the failure to be ready and the adjournment application was granted only with hesitation and reluctance, the Court considered it preferable that the applicant have an opportunity to put its case, while protecting the respondents by ordering the applicant to pay the respondents' costs of the hearing on an indemnity basis.

Jurisdiction
Australia
Judgment Date
01 November 2002
Procedural Posture
Motion for Security for Costs, Alternative Indemnity for Costs, and Transfer of Proceedings / Application by the Applicant to Adjourn the Respondents' Motion
Outcome
The respondents' motion was stood over and the applicant was ordered to pay the respondents' costs of the hearing on an indemnity basis.
Legal Topics
['security for Costs' 'adjournment' 'indemnity Costs' 'transfer of Proceedings']
['civil Procedure' 'costs'] ['security for Costs' 'adjournment' 'indemnity Costs' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Motion for Security for Costs, Alternative Indemnity for Costs, and Transfer of Proceedings / Application by the Applicant to Adjourn the Respondents' Motion

Legal Issues

  1. 1 ["Whether the applicant should be granted an adjournment of the respondents' application for security for costs." 'Whether the respondents should receive costs of the adjourned hearing on an indemnity basis.']

Ratio Decidendi

Although the applicant and those standing behind it were responsible for the failure to be ready and the adjournment application was granted only with hesitation and reluctance, the Court considered it preferable that the applicant have an opportunity to put its case, while protecting the respondents by ordering the applicant to pay the respondents' costs of the hearing on an indemnity basis.

Court Disposition

The respondents' motion was stood over and the applicant was ordered to pay the respondents' costs of the hearing on an indemnity basis.

Orders

  • ["The respondents' motion filed 26 September 2002 be stood over to 10 December 2002." "The applicant pay the respondents' costs of the hearing of 1 November 2002 on an indemnity basis."]