Hastwell v Kott Gunning (No 2) [2019] FCA 1046

Hastwell v Kott Gunning (No 2) [2019] FCA 1046

Due to the applicant's admitted default in compliance, failure to communicate explanations prior to the hearing, and insistence upon an unnecessary case management hearing, the applicant should pay the respondent’s costs of the hearing and related application.

Parties
Applicant: Haydyn Gary Hastwell; Respondent: Kott Gunning
Jurisdiction
Australia
Judgment Date
02 July 2019
Procedural Posture
Employment & Industrial Relations / Case Management Hearing (costs)
Outcome
The applicant ordered to pay respondent’s costs of the case management hearing and related application; no order as to timing or quantum of taxation.
Legal Topics
Costs, Case Management, Compliance With Court Directions
Employment & Industrial Relations Costs Case Management Compliance With Court Directions

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Parties

Haydyn Gary Hastwell

Applicant

Kott Gunning

Respondent

Procedural Posture

Employment & Industrial Relations / Case Management Hearing (costs)

Legal Issues

  1. 1 Whether the applicant should pay the respondent’s costs of the case management hearing and associated application due to non-compliance with court directions

Ratio Decidendi

Due to the applicant's admitted default in compliance, failure to communicate explanations prior to the hearing, and insistence upon an unnecessary case management hearing, the applicant should pay the respondent’s costs of the hearing and related application.

Court Disposition

The applicant ordered to pay respondent’s costs of the case management hearing and related application; no order as to timing or quantum of taxation.

Orders

  • Time for compliance with various previous orders extended as specified.
  • Inspection to take place at respondent’s solicitors’ office at specified time.