Mitsubishi Motors Australia Ltd v Ripponlea Motors Pty Ltd (No 2) [2013] FCA 674

Mitsubishi Motors Australia Ltd v Ripponlea Motors Pty Ltd (No 2) [2013] FCA 674

The respondents must pay the applicant's costs of the claim for interlocutory relief on an indemnity basis, as there was in effect no defence to the claims, and the respondents' conduct constituted delaying tactics; however, there are no sufficient grounds at this stage to depart from r 40.13 and order costs to be taxed forthwith.

Parties
Applicant: Mitsubishi Motors Australia Ltd; First Respondent: Ripponlea Motors Pty Ltd; Second Respondent: Gregory Thomas Wallace
Jurisdiction
Australia
Judgment Date
10 July 2013
Procedural Posture
Fast Track Application Interlocutory Relief / Costs Application Following Interlocutory Relief Orders
Outcome
Respondents ordered to pay applicant's costs of interlocutory relief on an indemnity basis.
Legal Topics
Costs, Interlocutory Relief, Indemnity Costs
Civil Procedure Costs Interlocutory Relief Indemnity Costs

Case Brief

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Parties

Mitsubishi Motors Australia Ltd

Applicant

Ripponlea Motors Pty Ltd

First Respondent

Gregory Thomas Wallace

Second Respondent

Procedural Posture

Fast Track Application Interlocutory Relief / Costs Application Following Interlocutory Relief Orders

Legal Issues

  1. 1 Whether respondents should pay costs of interlocutory relief on an indemnity basis
  2. 2 Whether costs should be payable forthwith, departing from r 40.13 of the Federal Court Rules 2011 (Cth)

Ratio Decidendi

The respondents must pay the applicant's costs of the claim for interlocutory relief on an indemnity basis, as there was in effect no defence to the claims, and the respondents' conduct constituted delaying tactics; however, there are no sufficient grounds at this stage to depart from r 40.13 and order costs to be taxed forthwith.

Court Disposition

Respondents ordered to pay applicant's costs of interlocutory relief on an indemnity basis.

Orders

  • The respondents pay the applicant's costs of the applicant's claim for interlocutory relief and such costs are to be assessed on an indemnity basis.