Shurat HaDin, Israel Law Center v Lynch (No 2) [2014] FCA 413

Shurat HaDin, Israel Law Center v Lynch (No 2) [2014] FCA 413

Maximum costs order set at $300,000 to apply until further order, subject to exclusion of costs before 21 February 2014. Security for costs not required if fourth applicant undertakes not to diminish or encumber Australian property, but will be ordered if no such undertaking is given. Specific paragraphs of the statement of claim (9, 20, 32, 34–40) struck out for failure to plead clear material facts, with leave to replead; costs follow the event on the strike out application.

Parties
First Applicant: Shurat HaDin - The Israel Law Center; Second Applicant: David Hans Lange; Third Applicant: Jonathan Rose; Fourth Applicant: Andrew Hamilton; Fifth Applicant: Green Freedom Limited (Israel Company Number 514 331 479); Respondent: Jake Lynch
Jurisdiction
Australia
Judgment Date
24 April 2014
Procedural Posture
Interlocutory Applications in Federal Court Proceedings—human Rights Litigation / Orders on Maximum Costs, Security for Costs, and Strike Out of Parts of Statement of Claim
Outcome
Interlocutory orders; partial success to both parties
Legal Topics
Maximum Costs Orders, Security for Costs, Striking Out Pleadings, Discrimination on Racial Grounds, Federal Court Procedure
Human Rights Law Civil Procedure Discrimination Law Maximum Costs Orders Security for Costs Striking Out Pleadings Discrimination on Racial Grounds Federal Court Procedure

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Parties

Shurat HaDin - The Israel Law Center

First Applicant

David Hans Lange

Second Applicant

Jonathan Rose

Third Applicant

Andrew Hamilton

Fourth Applicant

Green Freedom Limited (Israel Company Number 514 331 479)

Fifth Applicant

Jake Lynch

Respondent

Procedural Posture

Interlocutory Applications in Federal Court Proceedings—human Rights Litigation / Orders on Maximum Costs, Security for Costs, and Strike Out of Parts of Statement of Claim

Legal Issues

  1. 1 Whether a maximum costs order should be made and set at $300,000 between parties
  2. 2 Whether security for costs should be required given the applicants' residence and property in Australia
  3. 3 Whether portions of the statement of claim failed to plead material facts and should be struck out

Ratio Decidendi

Maximum costs order set at $300,000 to apply until further order, subject to exclusion of costs before 21 February 2014. Security for costs not required if fourth applicant undertakes not to diminish or encumber Australian property, but will be ordered if no such undertaking is given. Specific paragraphs of the statement of claim (9, 20, 32, 34–40) struck out for failure to plead clear material facts, with leave to replead; costs follow the event on the strike out application.

Court Disposition

Interlocutory orders; partial success to both parties

Orders

  • Maximum costs as between party and party recoverable for the proceeding capped at $300,000 until further order (excluding pre-21 February 2014 costs and amendment costs)
  • No security for costs if the fourth applicant undertakes within 21 days not to diminish/dispose of specified real property; otherwise, security for costs to be ordered