Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 2) [2016] FCA 309

Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 2) [2016] FCA 309

The applicant should pay 30% of the respondents' costs of the interlocutory application to reflect the partial success of both parties; costs thrown away by reason of leave to amend are also payable by the applicant to respondents.

Jurisdiction
Australia
Judgment Date
31 March 2016
Procedural Posture
Interlocutory Application / Costs Determination Following Interlocutory Application
Outcome
Applicant ordered to pay 30% of respondents' costs of interlocutory application and costs thrown away by reason of leave to amend statement of claim.
Legal Topics
['costs' 'summary Judgment' 'strike Out' 'pleadings' 'amendment of Pleadings']
['commercial Law' 'corporations Law'] ['costs' 'summary Judgment' 'strike Out' 'pleadings' 'amendment of Pleadings']

Case Brief

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Procedural Posture

Interlocutory Application / Costs Determination Following Interlocutory Application

Legal Issues

  1. 1 ['Whether the court should depart from the rule that costs follow the event given each party enjoyed a measure of success' 'How to apportion costs for an interlocutory application where both parties had partial success']

Ratio Decidendi

The applicant should pay 30% of the respondents' costs of the interlocutory application to reflect the partial success of both parties; costs thrown away by reason of leave to amend are also payable by the applicant to respondents.

Court Disposition

Applicant ordered to pay 30% of respondents' costs of interlocutory application and costs thrown away by reason of leave to amend statement of claim.

Orders

  • ["The applicant to pay 30% of the respondents' costs of the interlocutory application filed on 6 November 2015." "The applicant to pay the respondents' costs thrown away by reason of the leave granted on 4 March 2016 to the applicant to replead paragraphs 3A to 17 of the further amended statement of claim and to...