KC & Ors v Shiley Inc & Anor [1995] FCA 491

KC & Ors v Shiley Inc & Anor [1995] FCA 491

The motion to strike out was unnecessary because the respondents did not seek further and better particulars before filing the motion. The applicants' costs are to be paid by the respondents on an indemnity basis.

Jurisdiction
Australia
Judgment Date
14 July 1995
Procedural Posture
Civil / Interlocutory, Costs Determination
Outcome
Applicants' costs of respondents' motion to strike out certain paragraphs of the statement of claim ordered to be paid on an indemnity basis.
Legal Topics
['costs' 'indemnity Costs' 'motions to Strike Out']
['civil Procedure'] ['costs' 'indemnity Costs' 'motions to Strike Out']

Case Brief

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Procedural Posture

Civil / Interlocutory, Costs Determination

Legal Issues

  1. 1 ['Whether costs should be assessed on an indemnity basis after judgment on a motion to strike out']

Ratio Decidendi

The motion to strike out was unnecessary because the respondents did not seek further and better particulars before filing the motion. The applicants' costs are to be paid by the respondents on an indemnity basis.

Court Disposition

Applicants' costs of respondents' motion to strike out certain paragraphs of the statement of claim ordered to be paid on an indemnity basis.

Orders

  • ["The costs of the applicants of the respondents' motion to strike out certain paragraphs of the statement of claim be paid on an indemnity basis."]