Nelmac Pty Ltd v Construction, Forestry, Mining & Energy Union [1999] FCA 929

Nelmac Pty Ltd v Construction, Forestry, Mining & Energy Union [1999] FCA 929

Contempt proceedings, being final rather than interlocutory in nature, justify the immediate taxation of costs, but this was not a case for indemnity costs; costs are ordered on a party and party basis and to be taxed forthwith.

Jurisdiction
Australia
Judgment Date
21 June 1999
Procedural Posture
Contempt Proceedings / Application for Discontinuance and for Costs Orders After Argument
Outcome
Application discontinued and dismissed; costs awarded to respondents on a party and party basis to be taxed forthwith.
Legal Topics
['costs' 'immediate Taxation of Costs' 'discontinuance']
['procedure' 'contempt of Court'] ['costs' 'immediate Taxation of Costs' 'discontinuance']

Case Brief

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Procedural Posture

Contempt Proceedings / Application for Discontinuance and for Costs Orders After Argument

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded in discontinued contempt proceedings' 'Whether costs should be taxed forthwith in contempt proceedings as distinct from interlocutory proceedings']

Ratio Decidendi

Contempt proceedings, being final rather than interlocutory in nature, justify the immediate taxation of costs, but this was not a case for indemnity costs; costs are ordered on a party and party basis and to be taxed forthwith.

Court Disposition

Application discontinued and dismissed; costs awarded to respondents on a party and party basis to be taxed forthwith.

Orders

  • ['The application is discontinued and dismissed.' "The applicant is to pay the respondent's costs on a party to party basis." 'Costs in this matter are to be taxed forthwith.']