Sereika v Cardinal Financial Securities Ltd [2001] FCA 687

Sereika v Cardinal Financial Securities Ltd [2001] FCA 687

Given the gross inadequacies in the applicant's Amended Statement of Claim and in light of settled legal principles and prior authorities, the case is appropriate for an award of indemnity costs, and leave is granted for the fifth and sixth respondents to tax those costs and pursue collection forthwith.

Jurisdiction
Australia
Judgment Date
04 June 2001
Procedural Posture
Application / Costs Determination Following Earlier Interlocutory Decision
Outcome
Indemnity costs ordered; leave granted to tax and pursue costs forthwith for fifth and sixth respondents; orders for filing further amended pleadings and listing for directions.
Legal Topics
['costs' 'pleadings' 'amendment of Statement of Claim' 'indemnity Basis Costs' 'interlocutory Orders']
['civil Procedure'] ['costs' 'pleadings' 'amendment of Statement of Claim' 'indemnity Basis Costs' 'interlocutory Orders']

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Procedural Posture

Application / Costs Determination Following Earlier Interlocutory Decision

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded against the applicant for inadequate pleadings and amendments to Statement of Claim' 'Whether leave should be granted to tax and pursue those costs forthwith under O 62 r 3 of the Federal Court Rules']

Ratio Decidendi

Given the gross inadequacies in the applicant's Amended Statement of Claim and in light of settled legal principles and prior authorities, the case is appropriate for an award of indemnity costs, and leave is granted for the fifth and sixth respondents to tax those costs and pursue collection forthwith.

Court Disposition

Indemnity costs ordered; leave granted to tax and pursue costs forthwith for fifth and sixth respondents; orders for filing further amended pleadings and listing for directions.

Orders

  • ['Costs awarded in respect of the Amended Application and Amended Statement of Claim to be paid by applicant to sixth respondent on an indemnity basis, with leave to tax and pursue forthwith.' 'Similar order as above made for the fifth respondent.' 'Costs thrown away by reason of original Application and Statement...