Faruqi v Latham (No 2) [2018] FCA 1547

Faruqi v Latham (No 2) [2018] FCA 1547

Although Mr Latham's initial defence was an ill-considered pleading, that alone did not provide a sufficient basis to order costs payable forthwith. The costs incurred by Mr Faruqi were not shown to be substantial, no significant other costs thrown away were established, and the proceeding was likely to proceed...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
08 October 2018
Procedural Posture
Application for Costs to Be Taxed and Payable Forthwith / Interlocutory Application Following Orders Striking Out the Respondent's Defence
Outcome
The applicant's application was refused.
Legal Topics
['costs to Be Taxed and Payable Forthwith' 'interlocutory Costs' 'discretion to Depart From Ordinary Costs Rule' 'strike Out Application']
['practice and Procedure' 'costs'] ['costs to Be Taxed and Payable Forthwith' 'interlocutory Costs' 'discretion to Depart From Ordinary Costs Rule' 'strike Out Application']

Source-derived case record

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Procedural Posture

Application for Costs to Be Taxed and Payable Forthwith / Interlocutory Application Following Orders Striking Out the Respondent's Defence

Legal Issues

  1. 1 ["Whether the costs of the applicant's interlocutory application filed 14 December 2017 and the respondent's interlocutory application filed 11 December 2017 should be taxed and payable forthwith." 'Whether circumstances justified departure from the ordinary rule that costs be resolved when the proceeding has concluded.']

Ratio Decidendi

Although Mr Latham's initial defence was an ill-considered pleading, that alone did not provide a sufficient basis to order costs payable forthwith. The costs incurred by Mr Faruqi were not shown to be substantial, no significant other costs thrown away were established, and the proceeding was likely to proceed fairly swiftly to hearing after the filing of a narrow amended defence. An order for costs payable forthwith was therefore not warranted.

Court Disposition

The applicant's application was refused.

Orders

  • ["The applicant's application for the costs of the applicant's interlocutory application filed 14 December 2017 and the respondent's interlocutory application filed 11 December 2017 to be taxed and payable forthwith be refused."]