Dlaw Pty Ltd v Rusca Bros Services Pty Ltd [2020] FCA 1038

Dlaw Pty Ltd v Rusca Bros Services Pty Ltd [2020] FCA 1038

The Court held that DLaw, as the discontinuing appellant, was required to pay Rusca's costs under r 36.73(4) and that no sufficient justification was shown to depart from the standard rule. Leave was granted to Rusca to seek a lump sum costs determination.

Jurisdiction
Australia
Judgment Date
21 July 2020
Procedural Posture
Appeal / Directions and Orders on Proposed Discontinuance and Costs
Outcome
Directions and orders; appeal to be discontinued by notice, costs to be assessed on lump sum basis subject to respondent's application.
Legal Topics
['notice of Discontinuance' 'costs Consequences of Discontinuance' 'federal Court Procedure' 'lump Sum Costs Orders']
['practice and Procedure' 'corporate Insolvency'] ['notice of Discontinuance' 'costs Consequences of Discontinuance' 'federal Court Procedure' 'lump Sum Costs Orders']

Case Brief

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Procedural Posture

Appeal / Directions and Orders on Proposed Discontinuance and Costs

Legal Issues

  1. 1 ['Whether appellant can discontinue appeal without order as to costs' 'Whether Court should dispense with requirement that appellant pay costs under r 36.73(4) of the Federal Court Rules 2011' 'Whether to refer file to ASIC for investigation' "Appropriate basis for assessment of respondent's costs"]

Ratio Decidendi

The Court held that DLaw, as the discontinuing appellant, was required to pay Rusca's costs under r 36.73(4) and that no sufficient justification was shown to depart from the standard rule. Leave was granted to Rusca to seek a lump sum costs determination.

Court Disposition

Directions and orders; appeal to be discontinued by notice, costs to be assessed on lump sum basis subject to respondent's application.

Orders

  • ['The appellant is directed to file a notice of discontinuance of the appeal in accordance with Form 126 on or before 4 August 2020.' 'Leave is granted to the respondent to file by 21 August 2020 an application to have its costs, payable pursuant to r 36.73(4) of the Federal Court Rules 2011, determined by the Court...