Crocker v Toys 'R' Us (Australia) Pty Ltd (No 2) [2015] FCA 727

Crocker v Toys 'R' Us (Australia) Pty Ltd (No 2) [2015] FCA 727

Ms Crocker has not established a basis to set aside the usual operation of r 26.12(7); any concerns regarding quantum of costs are to be determined during assessment, not as reason to set aside the rule.

Parties
Applicant: Debra Ann Crocker; Second Respondent: Toys 'R' Us (Australia) Pty Ltd; Third Respondent: Baby Zone (Aust) Pty Ltd; Fourth Respondent: The Baby Project Limited Partnership LP; Former First Respondent: Infa Secure Pty Ltd
Jurisdiction
Australia
Judgment Date
11 June 2015
Procedural Posture
Application / Ex Tempore Judgment on Application to Set Aside Costs Rule After Discontinuance
Outcome
Application dismissed
Legal Topics
Costs, Notice of Discontinuance, Federal Court Rules
Civil Procedure Costs Notice of Discontinuance Federal Court Rules

Case Brief

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Parties

Debra Ann Crocker

Applicant

Toys 'R' Us (Australia) Pty Ltd

Second Respondent

Baby Zone (Aust) Pty Ltd

Third Respondent

The Baby Project Limited Partnership LP

Fourth Respondent

Infa Secure Pty Ltd

Former First Respondent

Procedural Posture

Application / Ex Tempore Judgment on Application to Set Aside Costs Rule After Discontinuance

Legal Issues

  1. 1 Should the usual operation of r 26.12(7) of the Federal Court Rules 2011 be set aside in the circumstances?
  2. 2 Is the quantum of costs claimed by the former first respondent excessive?

Ratio Decidendi

Ms Crocker has not established a basis to set aside the usual operation of r 26.12(7); any concerns regarding quantum of costs are to be determined during assessment, not as reason to set aside the rule.

Court Disposition

Application dismissed

Orders

  • The application filed by the applicant on 25 May 2015 is dismissed.