Hewlett Packard Pty Ltd v GE Capital Finance Pty Ltd [2003] FCAFC 278

Hewlett Packard Pty Ltd v GE Capital Finance Pty Ltd [2003] FCAFC 278

Special circumstances justifying departure from the ordinary rule that costs follow the event were not established; the second respondents were proper parties and were not wrong in participating in the hearing as they did. The application to vary the costs order was dismissed with costs.

Jurisdiction
Australia
Judgment Date
04 December 2003
Procedural Posture
Appeal / Decision on Costs Following Judgment in Appeal
Outcome
Application to vary the costs order dismissed with costs.
Legal Topics
['costs' 'liquidation' 'appeals']
['civil Procedure'] ['costs' 'liquidation' 'appeals']

Case Brief

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Procedural Posture

Appeal / Decision on Costs Following Judgment in Appeal

Legal Issues

  1. 1 ['Whether the costs order made at judgment in the appeal should be varied as between the appellant and second respondents (liquidators)']

Ratio Decidendi

Special circumstances justifying departure from the ordinary rule that costs follow the event were not established; the second respondents were proper parties and were not wrong in participating in the hearing as they did. The application to vary the costs order was dismissed with costs.

Court Disposition

Application to vary the costs order dismissed with costs.

Orders

  • ['The application to vary the costs order made at 10.00 am on 21 November 2003 be dismissed with costs.']