Khoury v Bradmill Group Ltd [1987] FCA 797

Khoury v Bradmill Group Ltd [1987] FCA 797

The application for interlocutory relief having been abandoned, the applicants are liable for the respondent's costs thrown away as a result of the application not proceeding.

Parties
Applicant: Emanuel Khoury; Applicant: Samira Khoury; Respondent: Bradmill Group Limited
Jurisdiction
Australia
Judgment Date
17 December 1987
Procedural Posture
Interlocutory Application / Hearing
Outcome
application dismissed
Legal Topics
Interlocutory Relief, Costs
Interlocutory Relief Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Emanuel Khoury

Applicant

Samira Khoury

Applicant

Bradmill Group Limited

Respondent

Procedural Posture

Interlocutory Application / Hearing

Legal Issues

  1. 1 Should interlocutory relief in the nature of an injunction be granted?
  2. 2 What are the consequences for costs when an interlocutory application is abandoned?

Ratio Decidendi

The application for interlocutory relief having been abandoned, the applicants are liable for the respondent's costs thrown away as a result of the application not proceeding.

Court Disposition

application dismissed

Orders

  • Applicants to pay the respondent's costs thrown away as a result of the application not proceeding.
  • Application for security for costs stood-over, restorable on two days' notice.