Hurley v McDonalds Australia Ltd [1999] FCA 1393

Hurley v McDonalds Australia Ltd [1999] FCA 1393

The usual practice is to order costs on a party and party basis, and there were no grounds in this case to deviate from that practice, despite the respondent being unnecessarily brought into proceedings.

Jurisdiction
Australia
Judgment Date
01 October 1999
Procedural Posture
Notice of Motion (application for Third Party Inspection) / Ruling on Motion and Costs
Outcome
Notice of motion dismissed. Costs awarded to the respondent on a party and party basis.
Legal Topics
['costs' 'third Party Inspection' 'discovery' 'taxation of Costs']
['civil Procedure'] ['costs' 'third Party Inspection' 'discovery' 'taxation of Costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Notice of Motion (application for Third Party Inspection) / Ruling on Motion and Costs

Legal Issues

  1. 1 ['Whether costs should be awarded on an indemnity basis for a failed application for third party inspection' 'Whether the respondent is entitled to costs on a party and party basis or solicitor and client basis']

Ratio Decidendi

The usual practice is to order costs on a party and party basis, and there were no grounds in this case to deviate from that practice, despite the respondent being unnecessarily brought into proceedings.

Court Disposition

Notice of motion dismissed. Costs awarded to the respondent on a party and party basis.

Orders

  • ['The notice of motion filed on 14 September 1999 is dismissed.' "The applicant pay the respondent's costs of the motion."]