Gerring Pty Ltd v Mostert, Louis Lindes & Anor Mostert, Louis Lindes & Anor v Kyle & Anor [1998] FCA 897

Gerring Pty Ltd v Mostert, Louis Lindes & Anor Mostert, Louis Lindes & Anor v Kyle & Anor [1998] FCA 897

The Court determined that the cross-claimants are to pay the first cross-respondent's costs for hearings on 20 October 1997 and 3 November 1997, as the first cross-respondent was substantially successful. For the hearing of 16 June 1998, the first cross-respondent must pay the cross-claimant's costs, reflecting the acceptance of their submissions. Costs incurred and thrown away by the further re-amendment to the cross-claim and subsequent amendments to defences are to be the first cross-respondent's in any event.

Parties
Applicant: Gerring Pty Ltd (ACN 009 105 926); First Respondent: Louis Lindes Mostert; Second Respondent: Susanna Maria Mostert; Cross Claimant: Louis Lindes Mostert; Second Cross Claimant: Susanna Maria Mostert; First Cross Respondent: Peter Arthur Kyle; Second Cross Respondent: Gerring Pty Ltd (ACN 009 105 926)
Jurisdiction
Australia
Judgment Date
31 July 1998
Procedural Posture
Civil / Post Hearing Costs Determination
Outcome
Costs orders issued
Legal Topics
Costs, Cross Claim, Amendment of Pleadings
Civil Procedure Costs Cross Claim Amendment of Pleadings

Case Brief

Summary, issues, holding and outcome

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Parties

Gerring Pty Ltd (ACN 009 105 926)

Applicant

Louis Lindes Mostert

First Respondent

Susanna Maria Mostert

Second Respondent

Louis Lindes Mostert

Cross Claimant

Susanna Maria Mostert

Second Cross Claimant

Peter Arthur Kyle

First Cross Respondent

Gerring Pty Ltd (ACN 009 105 926)

Second Cross Respondent

Procedural Posture

Civil / Post Hearing Costs Determination

Legal Issues

  1. 1 Who should bear the costs of hearings held on 20 October 1997, 3 November 1997, and 16 June 1998
  2. 2 Consequences for costs arising from further re-amendment to the cross-claim and amendments to defences

Ratio Decidendi

The Court determined that the cross-claimants are to pay the first cross-respondent's costs for hearings on 20 October 1997 and 3 November 1997, as the first cross-respondent was substantially successful. For the hearing of 16 June 1998, the first cross-respondent must pay the cross-claimant's costs, reflecting the acceptance of their submissions. Costs incurred and thrown away by the further re-amendment to the cross-claim and subsequent amendments to defences are to be the first cross-respondent's in any event.

Court Disposition

Costs orders issued

Orders

  • The cross-claimants pay the first cross-respondent's costs of 20 October 1997 and 3 November 1997 relating to the first cross-respondent's motion to dismiss or stay the cross-claim.
  • Save that the first cross-respondent pay the cross-claimant's costs of the hearing of 16 June 1998 in any event, the costs incurred and thrown away by the further re- amendment to the cross-claim and the costs of any consequent amendment to the defences to cross-claim be the first cross-respondent's in any event.