Morris v McConaghy Australia Pty Ltd (No 5) [2018] FCA 1582

Morris v McConaghy Australia Pty Ltd (No 5) [2018] FCA 1582

MC2's conduct amounted to technical gamesmanship and litigation misconduct justifying an order that it pay the Applicant's costs of the deemed service application on an indemnity basis, departing from the usual rule that costs follow the event when an application is unsuccessful.

Jurisdiction
Australia
Judgment Date
19 October 2018
Procedural Posture
Interlocutory Application for Deemed Service and Costs / Costs Determination After Unsuccessful Application for Deemed Service
Outcome
Second Respondent ordered to pay Applicant's costs of the deemed service application on an indemnity basis, payable forthwith.
Legal Topics
['costs' 'deemed Service' 'foreign Service' 'indemnity Costs']
['civil Procedure' 'commercial Law'] ['costs' 'deemed Service' 'foreign Service' 'indemnity Costs']

Case Brief

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Procedural Posture

Interlocutory Application for Deemed Service and Costs / Costs Determination After Unsuccessful Application for Deemed Service

Legal Issues

  1. 1 ['Whether indemnity costs should be ordered against the respondent MC2 after it successfully defended an application for deemed service' "Whether the respondent's conduct amounted to litigation misconduct justifying a departure from the usual rule that costs follow the event"]

Ratio Decidendi

MC2's conduct amounted to technical gamesmanship and litigation misconduct justifying an order that it pay the Applicant's costs of the deemed service application on an indemnity basis, departing from the usual rule that costs follow the event when an application is unsuccessful.

Court Disposition

Second Respondent ordered to pay Applicant's costs of the deemed service application on an indemnity basis, payable forthwith.

Orders

  • ["The Second Respondent pay the Applicant's costs of Prayer 1 of the interlocutory application filed 27 July 2018 on an indemnity basis, payable forthwith."]