Forensic Document Examiners Pty Ltd v Cristavao [2011] FCA 843

Forensic Document Examiners Pty Ltd v Cristavao [2011] FCA 843

Given the applicant’s wholly successful outcome, there was no material to justify departing from the usual order as to costs; there was no utility in granting an extension of time since the review would not alter the costs determination.

Jurisdiction
Australia
Judgment Date
28 July 2011
Procedural Posture
Application for Extension of Time to Review Costs Order / Final Judgment
Outcome
respondent's application for extension of time dismissed; respondent to pay applicant's costs
Legal Topics
['statutory Demand' 'costs' 'application for Extension of Time' "review of Registrar's Order"]
['corporate Law' 'civil Procedure'] ['statutory Demand' 'costs' 'application for Extension of Time' "review of Registrar's Order"]

Case Brief

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Procedural Posture

Application for Extension of Time to Review Costs Order / Final Judgment

Legal Issues

  1. 1 ['Whether the respondent should be granted an extension of time to apply for a review of the costs order' 'Whether the costs order should be varied upon review']

Ratio Decidendi

Given the applicant’s wholly successful outcome, there was no material to justify departing from the usual order as to costs; there was no utility in granting an extension of time since the review would not alter the costs determination.

Court Disposition

respondent's application for extension of time dismissed; respondent to pay applicant's costs

Orders

  • ["The respondent's application for an extension of time within which to file his motion dated 26 May 2011 is dismissed." "The respondent pay the applicant's costs in or in connection with the directions hearing before the Court on 28 June 2011 and the preparation of written submissions filed in accordance with the...