Reches Pty Ltd v Tadiran Ltd [2000] FCA 925

Reches Pty Ltd v Tadiran Ltd [2000] FCA 925

The evidence established that the respondent's disbursements exceeded the amount of $25,000 security for costs; these expenses would be recoverable on indemnity basis. As it would be unreasonable to require taxation with no prospect of recovery, the Court ordered a gross sum assessment and payout of the security. Further, the evidence established a prima facie breach of undertakings by Mr and Mrs Reches, justifying direction for contempt proceedings by the Registrar.

Jurisdiction
Australia
Judgment Date
04 July 2000
Procedural Posture
Civil / Post Trial Motion
Outcome
Orders made in favour of the respondent; Registrar directed to commence contempt proceedings against Isaac and Yael Reches.
Legal Topics
['security for Costs' 'assessment of Costs' 'gross Sum Order' 'contempt for Breach of Undertaking']
['civil Procedure' 'contempt of Court'] ['security for Costs' 'assessment of Costs' 'gross Sum Order' 'contempt for Breach of Undertaking']

Case Brief

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Procedural Posture

Civil / Post Trial Motion

Legal Issues

  1. 1 ['Whether the respondent is entitled to a gross sum costs order for disbursements incurred on the indemnity basis after 18 December 1998' 'Whether the Registrar should pay out the amount held as security for costs to the respondent' 'Whether Mr and Mrs Reches breached their undertakings to the Court and are prima facie guilty of contempt']

Ratio Decidendi

The evidence established that the respondent's disbursements exceeded the amount of $25,000 security for costs; these expenses would be recoverable on indemnity basis. As it would be unreasonable to require taxation with no prospect of recovery, the Court ordered a gross sum assessment and payout of the security. Further, the evidence established a prima facie breach of undertakings by Mr and Mrs Reches, justifying direction for contempt proceedings by the Registrar.

Court Disposition

Orders made in favour of the respondent; Registrar directed to commence contempt proceedings against Isaac and Yael Reches.

Orders

  • ['The respondent granted relief sought in paragraphs 1, 2, 3 and 5 of its notice of motion filed 13 June 2000.' 'Registrar to commence contempt proceedings against Isaac Reches and Yael Reches for alleged breach of their Court undertakings.']