Letten v Templeton (No 2) [2014] FCAFC 146

Letten v Templeton (No 2) [2014] FCAFC 146

A discount of 25% to the respondents' recoverable costs is proportionate, reflecting that the issues raised by the competency objection only partially overlapped those in the application for leave to appeal, warranting depriving respondents of a portion of their costs.

Parties
Applicant: MARK RONALD LETTEN; Respondents: DAMIAN JOHN TEMPLETON and PHILIP HENNESSY (IN THEIR CAPACITY AS COURT APPOINTED RECEIVERS AND MANAGERS)
Jurisdiction
Australia
Judgment Date
30 October 2014
Procedural Posture
Application for Leave to Appeal / Costs Determination After Dismissal of Application
Outcome
Applicant ordered to pay 75% of the respondents' costs
Legal Topics
Costs, Appeals, Competency Objection
Civil Procedure Costs Appeals Competency Objection

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MARK RONALD LETTEN

Applicant

DAMIAN JOHN TEMPLETON and PHILIP HENNESSY (IN THEIR CAPACITY AS COURT APPOINTED RECEIVERS AND MANAGERS)

Respondents

Procedural Posture

Application for Leave to Appeal / Costs Determination After Dismissal of Application

Legal Issues

  1. 1 Appropriate costs order after both application for leave to appeal and notice of objection to competency dismissed

Ratio Decidendi

A discount of 25% to the respondents' recoverable costs is proportionate, reflecting that the issues raised by the competency objection only partially overlapped those in the application for leave to appeal, warranting depriving respondents of a portion of their costs.

Court Disposition

Applicant ordered to pay 75% of the respondents' costs

Orders

  • The applicant pay 75% of the respondents' costs.