Metcash Trading Limited v Bunn (No 2) [2008] FCA 1384

Metcash Trading Limited v Bunn (No 2) [2008] FCA 1384

Given the respondent's abandonment of two interlocutory applications on the day of hearing after causing delay and unnecessary costs to the applicants, the notices of motion were dismissed, with costs awarded to the applicants on an indemnity basis; applicants also entitled to immediate taxation of their costs.

Parties
First Applicant: Metcash Trading Limited; Second Applicant: IGA Distribution Pty Ltd; Third Applicant: Australian Liquor Marketers Pty Ltd; Respondent: Peter Chadley Bunn
Jurisdiction
Australia
Judgment Date
02 September 2008
Procedural Posture
Civil / Interlocutory Application Determination
Outcome
Respondent's two notices of motion dismissed; respondent to pay applicants' costs on indemnity basis; applicants entitled to have their bill of costs taxed immediately and prior to the principal proceeding being disposed of; various procedural orders made.
Legal Topics
Costs, Leave to Amend, Interlocutory Applications
Civil Procedure Costs Leave to Amend Interlocutory Applications

Case Brief

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Parties

Metcash Trading Limited

First Applicant

IGA Distribution Pty Ltd

Second Applicant

Australian Liquor Marketers Pty Ltd

Third Applicant

Peter Chadley Bunn

Respondent

Procedural Posture

Civil / Interlocutory Application Determination

Legal Issues

  1. 1 Whether the notices of motion should be dismissed
  2. 2 Whether the applicants should have their costs on an indemnity basis
  3. 3 Whether the applicants should be entitled to have the bill of costs taxed before the principal proceeding is disposed of

Ratio Decidendi

Given the respondent's abandonment of two interlocutory applications on the day of hearing after causing delay and unnecessary costs to the applicants, the notices of motion were dismissed, with costs awarded to the applicants on an indemnity basis; applicants also entitled to immediate taxation of their costs.

Court Disposition

Respondent's two notices of motion dismissed; respondent to pay applicants' costs on indemnity basis; applicants entitled to have their bill of costs taxed immediately and prior to the principal proceeding being disposed of; various procedural orders made.

Orders

  • The respondent's notice of motion of 8 April 2008 be dismissed.
  • The respondent pay the applicants' costs on an indemnity basis.