Milpurrurru, George & Ors v Indofurn Pty Ltd & Ors [1997] FCA 438

Milpurrurru, George & Ors v Indofurn Pty Ltd & Ors [1997] FCA 438

The third and fourth respondents are to pay the applicants' costs (on a solicitor and client basis) relating to wasted time and unnecessary work caused by unreasonable conduct during the proceedings, including failure to admit facts and inadequate discovery; for the balance of the proceedings, the third and fourth...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
27 May 1997
Procedural Posture
Costs Application / Post Appeal, Costs Determination After Remittal
Outcome
Costs orders as set out: partial adverse costs orders against third and fourth respondents in applicants' favour; Sanderson order for third and fourth respondents against first and second respondents; further costs against third and fourth respondents for remittal.
Legal Topics
['costs Orders' 'bullock Order' 'sanderson Order' 'reasonable Joinder of Parties' 'director Liability for Costs']
['civil Procedure'] ['costs Orders' 'bullock Order' 'sanderson Order' 'reasonable Joinder of Parties' 'director Liability for Costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Costs Application / Post Appeal, Costs Determination After Remittal

Legal Issues

  1. 1 ["Whether successful respondents should pay applicants' costs attributable to issues unreasonably disputed and wasted time at trial by respondents' conduct" "Whether unsuccessful respondents ought to pay successful respondents' costs" 'Whether there should be Bullock or Sanderson orders' 'Relevance of insolvency of unsuccessful respondents to costs discretion']

Ratio Decidendi

The third and fourth respondents are to pay the applicants' costs (on a solicitor and client basis) relating to wasted time and unnecessary work caused by unreasonable conduct during the proceedings, including failure to admit facts and inadequate discovery; for the balance of the proceedings, the third and fourth respondents are entitled to a Sanderson order against the insolvent first and second respondents, reflecting the responsibility of all directors and the reasonable joinder, even though the substantive case against those directors ultimately failed.

Court Disposition

Costs orders as set out: partial adverse costs orders against third and fourth respondents in applicants' favour; Sanderson order for third and fourth respondents against first and second respondents; further costs against third and fourth respondents for remittal.

Orders

  • ["The third and fourth respondents pay the applicants' costs of and incidental to the preparation of the affidavits for trial of each of the deponents, taxed and paid on a solicitor and client basis." "The third and fourth respondents pay the applicants' costs of the trial, except for the costs of the second, third,...