GS Technology Pty Ltd v Elster Metering Pty Ltd (No 2) [2008] FCA 315

GS Technology Pty Ltd v Elster Metering Pty Ltd (No 2) [2008] FCA 315

In the absence of submissions or special circumstances from the applicant, and given the respondents' success, the ordinary rule that costs follow the event should apply so that the applicant pays the costs of both respondents.

Jurisdiction
Australia
Judgment Date
11 March 2008
Procedural Posture
Notices of Motion (costs) in Civil Proceedings / Cost Determination Post Judgment
Outcome
Applicant ordered to pay costs of both respondents.
Legal Topics
['costs' 'discretion in Awarding Costs' 'reserved Costs' 'costs Following the Event']
['civil Procedure'] ['costs' 'discretion in Awarding Costs' 'reserved Costs' 'costs Following the Event']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

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

Procedural Posture

Notices of Motion (costs) in Civil Proceedings / Cost Determination Post Judgment

Legal Issues

  1. 1 ['Whether the applicant should pay the costs of the respondents, including costs of specific motions' 'Whether reserved costs should follow the event']

Ratio Decidendi

In the absence of submissions or special circumstances from the applicant, and given the respondents' success, the ordinary rule that costs follow the event should apply so that the applicant pays the costs of both respondents.

Court Disposition

Applicant ordered to pay costs of both respondents.

Orders

  • ['The applicant pay the costs of the first respondent of and incidental to the proceeding, including the costs of and incidental to the Amended Notice of Motion filed by the first respondent on 13 December 2005, and the costs of and incidental to the Notice of Motion filed by the applicant on 16 January 2006.' 'The...