Freehills, in the matter of New Tel Limited (in liq) ACN 009 068 955 (No 3) [2008] FCA 1030

There are no special circumstances warranting departure from the usual rule; costs should follow the event, and Mr Waller and Wainter should pay the plaintiff's costs of and incidental to their application for leave to be heard.

Jurisdiction: Australia
Judgment Date: 08 July 2008
Procedural Posture: Application for Leave to Appear in Opposition / Costs Order Following Application for Leave Refused
Outcome: Costs ordered against Mr Barry Waller and Wainter Pty Ltd.
Legal Topics: ['costs Order' 'leave to Appear' 'service Outside Jurisdiction' 'special Circumstances for Costs']

['civil Procedure'] ['costs Order' 'leave to Appear' 'service Outside Jurisdiction' 'special Circumstances for Costs']

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Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Application for Leave to Appear in Opposition / Costs Order Following Application for Leave Refused

Legal Issues

1 ['Whether any special circumstances exist why the successful opponent to the application for leave should not have costs' 'Whether costs should be limited to additional work due to the unsuccessful application for leave to appear']

Ratio Decidendi

Court Disposition

Costs ordered against Mr Barry Waller and Wainter Pty Ltd.

Orders

["Mr Barry Waller and Wainter Pty Ltd are to pay the plaintiff's costs of and incidental to their application to be heard on 8 May 2008 including costs of the plaintiff's submissions in relation to this order."]