Ualesi v Expeditors International Pty Ltd [2005] FCA 33

Ualesi v Expeditors International Pty Ltd [2005] FCA 33

Applicants' cross-vesting application was wholly without foundation, oppressive, and caused unnecessary costs to the respondent. Therefore, indemnity costs were ordered against the applicants.

Parties
Applicants: Anastasia Ualesi & Peti J Ualesi t/as Australian Empire Imports; Respondent: Expeditors International Pty Ltd
Jurisdiction
Australia
Judgment Date
02 February 2005
Procedural Posture
Application for Cross Vesting / Costs Order Following Dismissal of Application
Outcome
Indemnity costs order in favour of respondent against applicants.
Legal Topics
Cross Vesting, Costs, Indemnity Costs, Oppressive Proceedings
Practice and Procedure Cross Vesting Costs Indemnity Costs Oppressive Proceedings

Case Brief

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Parties

Anastasia Ualesi & Peti J Ualesi t/as Australian Empire Imports

Applicants

Expeditors International Pty Ltd

Respondent

Procedural Posture

Application for Cross Vesting / Costs Order Following Dismissal of Application

Legal Issues

  1. 1 Whether indemnity costs should be ordered against applicants after dismissal of a misconceived and oppressive application to cross-vest proceedings.

Ratio Decidendi

Applicants' cross-vesting application was wholly without foundation, oppressive, and caused unnecessary costs to the respondent. Therefore, indemnity costs were ordered against the applicants.

Court Disposition

Indemnity costs order in favour of respondent against applicants.

Orders

  • The applicants to pay the respondent's costs of and incidental to the proceedings on an indemnity basis.