Lanton Productions Pty Ltd v Edward Rushton Pty Ltd [1999] FCA 328

Lanton Productions Pty Ltd v Edward Rushton Pty Ltd [1999] FCA 328

Because all proceedings between the applicant and the first and third respondents had been resolved, the only outstanding proceedings concerned the fifth respondent, who was absent. The evidence indicated that the applicant was entitled to some relief against the fifth respondent, but pursuing that claim would require amendment and notice, and no good purpose would be served by keeping the proceedings on foot merely to avoid a possible costs order. It was therefore appropriate to grant the applicant and the first respondent leave to discontinue as against the fifth respondent with no order as to costs.

Jurisdiction
Australia
Judgment Date
19 March 1999
Procedural Posture
Federal Court Civil Proceeding / Trial; Leave to Discontinue as Against the Fifth Respondent
Outcome
Leave to discontinue as against the fifth respondent granted to the applicant and the first respondent, with no order as to costs.
Legal Topics
['discontinuance' 'costs' 'proceeding in Absence of a Respondent' 'secret Commission']
['civil Procedure'] ['discontinuance' 'costs' 'proceeding in Absence of a Respondent' 'secret Commission']

Case Brief

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Procedural Posture

Federal Court Civil Proceeding / Trial; Leave to Discontinue as Against the Fifth Respondent

Legal Issues

  1. 1 ['Whether the applicant should have leave to discontinue as against the fifth respondent with no order as to costs.' 'Whether the first respondent should have leave to discontinue as against the fifth respondent with no order as to costs.' 'Whether further notice to the fifth respondent was required before making discontinuance orders.']

Ratio Decidendi

Because all proceedings between the applicant and the first and third respondents had been resolved, the only outstanding proceedings concerned the fifth respondent, who was absent. The evidence indicated that the applicant was entitled to some relief against the fifth respondent, but pursuing that claim would require amendment and notice, and no good purpose would be served by keeping the proceedings on foot merely to avoid a possible costs order. It was therefore appropriate to grant the applicant and the first respondent leave to discontinue as against the fifth respondent with no order as to costs.

Court Disposition

Leave to discontinue as against the fifth respondent granted to the applicant and the first respondent, with no order as to costs.

Orders

  • ['The applicant have leave to discontinue as against the fifth respondent with no order as to costs.' 'The first respondent have leave to discontinue as against the fifth respondent with no order as to costs.']