Hanave Pty Ltd v LFOT Pty Ltd [1999] FCA 572

Hanave Pty Ltd v LFOT Pty Ltd [1999] FCA 572

The Court refused the application to vary its costs orders because no submission regarding costs was made during the hearing, and it is inappropriate to seek variation after judgment.

Parties
Appellant: Hanave Pty Limited (ACN 001 416 226); First Respondent: LFOT Pty Limited (formerly Jagar Pty Limited) (ACN 050 049 182); Second Respondent: Paul Ewen Mitchell Tresidder; Third Respondent: Joseph Raymond Glew
Jurisdiction
Australia
Judgment Date
07 May 1999
Procedural Posture
Appeal / Post Judgment Application to Vary Costs Order
Outcome
Application to vary costs order refused.
Legal Topics
Costs, Variation of Costs Orders, Appeals
Practice and Procedure Costs Variation of Costs Orders Appeals

Case Brief

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Parties

Hanave Pty Limited (ACN 001 416 226)

Appellant

LFOT Pty Limited (formerly Jagar Pty Limited) (ACN 050 049 182)

First Respondent

Paul Ewen Mitchell Tresidder

Second Respondent

Joseph Raymond Glew

Third Respondent

Procedural Posture

Appeal / Post Judgment Application to Vary Costs Order

Legal Issues

  1. 1 Whether the Court should vary its costs orders made following an appeal when no submission was made regarding costs during the hearing.

Ratio Decidendi

The Court refused the application to vary its costs orders because no submission regarding costs was made during the hearing, and it is inappropriate to seek variation after judgment.

Court Disposition

Application to vary costs order refused.

Orders

  • The application to vary the Court's orders concerning costs be refused.
  • The costs of the application be costs of the appeal.