O'Shanassy v Ainsworth Game Technology [2006] FCA 638

O'Shanassy v Ainsworth Game Technology [2006] FCA 638

Because there may have been a misunderstanding by the applicant's solicitor about the evidence required in support of the motion, and because the solicitor offered an undertaking concerning the costs thrown away by the adjournment, the Court reluctantly granted a two week adjournment, extended time for payment of the costs in the certificates of taxation to 26 May 2006, required any further supporting affidavits to be filed by 22 May 2006, and ordered the applicant to pay the reasonable costs thrown away by the adjournment.

Jurisdiction
Australia
Judgment Date
12 May 2006
Procedural Posture
Amended Application for Preliminary Discovery / Notice of Motion Seeking Extension of Time for Payment of Taxed Costs; Adjournment and Directions
Outcome
Time extended to 26 May 2006; notice of motion adjourned to 26 May 2006; applicant ordered to pay reasonable costs thrown away by the adjournment.
Legal Topics
['preliminary Discovery' 'security for Costs' 'summary Dismissal Motions' 'extension of Time' 'adjournment' 'taxation of Costs' 'stay of Proceedings']
['civil Procedure' 'costs'] ['preliminary Discovery' 'security for Costs' 'summary Dismissal Motions' 'extension of Time' 'adjournment' 'taxation of Costs' 'stay of Proceedings']

Case Brief

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Procedural Posture

Amended Application for Preliminary Discovery / Notice of Motion Seeking Extension of Time for Payment of Taxed Costs; Adjournment and Directions

Legal Issues

  1. 1 ['Whether the applicant should be granted an adjournment of her notice of motion seeking an extension of time for payment of costs in certificates of taxation.' 'Whether the time for compliance with the earlier order for payment of costs should be extended pending the adjourned hearing.' 'Whether the applicant should pay costs thrown away by the adjournment.']

Ratio Decidendi

Because there may have been a misunderstanding by the applicant's solicitor about the evidence required in support of the motion, and because the solicitor offered an undertaking concerning the costs thrown away by the adjournment, the Court reluctantly granted a two week adjournment, extended time for payment of the costs in the certificates of taxation to 26 May 2006, required any further supporting affidavits to be filed by 22 May 2006, and ordered the applicant to pay the reasonable costs thrown away by the adjournment.

Court Disposition

Time extended to 26 May 2006; notice of motion adjourned to 26 May 2006; applicant ordered to pay reasonable costs thrown away by the adjournment.

Orders

  • ['Extends the time for compliance with Order 4 of 16 December 2005 to 26 May 2006.' 'Directs the applicant to file and serve, no later than 22 May 2006, any further affidavits upon which she wishes to rely in support of the notice of motion of 2 May 2006.' 'Stands the notice of motion filed on 2 May 2006 over to 26...