Orientile Pty Ltd v Salitrosa Holdings Pty Ltd (No 2) [2021] FCA 1224

Orientile Pty Ltd v Salitrosa Holdings Pty Ltd (No 2) [2021] FCA 1224

The applicant did not justify a departure from the ordinary rule that costs follow the event, particularly due to the specific circumstances favouring discovery following lay evidence and the inadvisability of apportioning costs between issues on the application.

Parties
Applicant: Orientile Pty Ltd ACN 105 113 782; First Respondent: Salitrosa Holdings Pty Ltd ACN 003 307 015; Second Respondent: Dedde Jowono
Jurisdiction
Australia
Judgment Date
08 October 2021
Procedural Posture
Interlocutory Application for Non Standard Discovery / Costs of Interlocutory Application
Outcome
Applicant to pay the respondents' costs.
Legal Topics
Costs, Discovery (non Standard Discovery), Interlocutory Applications
Practice and Procedure Costs Discovery (non Standard Discovery) Interlocutory Applications

Case Brief

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Parties

Orientile Pty Ltd ACN 105 113 782

Applicant

Salitrosa Holdings Pty Ltd ACN 003 307 015

First Respondent

Dedde Jowono

Second Respondent

Procedural Posture

Interlocutory Application for Non Standard Discovery / Costs of Interlocutory Application

Legal Issues

  1. 1 Whether the applicant should pay the respondents' costs of the interlocutory application for non-standard discovery by categories
  2. 2 Whether costs should be apportioned by reference to discovery categories

Ratio Decidendi

The applicant did not justify a departure from the ordinary rule that costs follow the event, particularly due to the specific circumstances favouring discovery following lay evidence and the inadvisability of apportioning costs between issues on the application.

Court Disposition

Applicant to pay the respondents' costs.

Orders

  • The applicant pay the respondents' costs of and incidental to the applicant's discovery application filed 3 August 2021.