JKC Australia LNG Pty Ltd v AkzoNobel NV (No 6) [2023] FCA 1616

JKC Australia LNG Pty Ltd v AkzoNobel NV (No 6) [2023] FCA 1616

Given the discrete and self-contained nature of the transfer application, and because no substantial prejudice or risk of multiple taxations exists, the respondents should pay the applicants' costs of the transfer application forthwith.

Jurisdiction
Australia
Judgment Date
15 December 2023
Procedural Posture
Interlocutory Application Regarding Costs After Transfer Application / Post Interlocutory, Reasons for Costs Order
Outcome
Respondents are ordered to pay the applicants' costs of the respondents' transfer application forthwith.
Legal Topics
['costs' 'interlocutory Applications' 'transfer of Proceedings']
['civil Procedure' 'commercial Law'] ['costs' 'interlocutory Applications' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application Regarding Costs After Transfer Application / Post Interlocutory, Reasons for Costs Order

Legal Issues

  1. 1 ["Whether costs of the respondents' transfer application should be ordered to be paid forthwith following dismissal of transfer application" 'Whether the transfer application was discrete and stand-alone such that immediate payment of costs is justified']

Ratio Decidendi

Given the discrete and self-contained nature of the transfer application, and because no substantial prejudice or risk of multiple taxations exists, the respondents should pay the applicants' costs of the transfer application forthwith.

Court Disposition

Respondents are ordered to pay the applicants' costs of the respondents' transfer application forthwith.

Orders

  • ["In WAD 448 of 2017, the respondents pay the applicant's costs of the respondents' transfer application filed 20 April 2023 forthwith." "In WAD 162 of 2021, the respondents pay the applicants' costs of the respondents' transfer application filed 20 April 2023 forthwith."]