Hoyts Multi-Plex Cinemas Pty Ltd v Fox Entertainment Precinct Pty Ltd [2003] FCA 1347

Hoyts Multi-Plex Cinemas Pty Ltd v Fox Entertainment Precinct Pty Ltd [2003] FCA 1347

The applicant should pay the respondents' costs of the application to the extent incurred after the directions hearing of 5 August 2003, since the applicant acted unreasonably in maintaining an unreasonably wide discovery demand after that time, although not in instituting the proceeding.

Parties
Applicant: Hoyts Multi-Plex Cinemas Pty Ltd ACN 006 564 585; First Respondent: Fox Entertainment Precinct Pty Ltd ACN 081 288 520; Second Respondent: Lend Lease Development Pty Limited ACN 000 311 277
Jurisdiction
Australia
Judgment Date
21 November 2003
Procedural Posture
Application for Preliminary Discovery / Costs Determination Following Consent Dismissal
Outcome
costs order made (see below)
Legal Topics
Costs, Preliminary Discovery
Civil Procedure Costs Preliminary Discovery

Case Brief

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Parties

Hoyts Multi-Plex Cinemas Pty Ltd ACN 006 564 585

Applicant

Fox Entertainment Precinct Pty Ltd ACN 081 288 520

First Respondent

Lend Lease Development Pty Limited ACN 000 311 277

Second Respondent

Procedural Posture

Application for Preliminary Discovery / Costs Determination Following Consent Dismissal

Legal Issues

  1. 1 Appropriate order as to costs following resolution of a preliminary discovery application by agreement before final determination

Ratio Decidendi

The applicant should pay the respondents' costs of the application to the extent incurred after the directions hearing of 5 August 2003, since the applicant acted unreasonably in maintaining an unreasonably wide discovery demand after that time, although not in instituting the proceeding.

Court Disposition

costs order made (see below)

Orders

  • The applicant pay the respondents' costs of the application to the extent only that such costs were incurred after the directions hearing of 5 August 2003.
  • Subject to the above, there be no order as to the costs of the application.