Australian Consolidated Investments Ltd & Anor v England, R.A.F. [1995] FCA 100

Australian Consolidated Investments Ltd & Anor v England, R.A.F. [1995] FCA 100

The applicants failed in resisting the transfer application, so there was no reason to depart from the general rule that costs follow the event. The policy of O63r3(3) required taxation of interlocutory costs to await final disposition of the principal matter, and the liquidator had not shown that immediate recovery would materially affect his capacity to complete the liquidation.

Jurisdiction
Australia
Judgment Date
10 March 1995
Procedural Posture
Interlocutory Application to Transfer Proceedings to the Supreme Court of South Australia / Determination of Reserved Question of Costs
Outcome
The applicants were ordered to pay the respondent's costs of the interlocutory application, taxable when the proceedings have been heard and determined by the Supreme Court of South Australia.
Legal Topics
['costs of Interlocutory Application' 'taxation of Costs' 'transfer of Proceedings']
['civil Procedure' 'costs'] ['costs of Interlocutory Application' 'taxation of Costs' 'transfer of Proceedings']

Case Brief

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Procedural Posture

Interlocutory Application to Transfer Proceedings to the Supreme Court of South Australia / Determination of Reserved Question of Costs

Legal Issues

  1. 1 ["Whether the applicants should pay the respondent's costs of the interlocutory application to transfer the proceedings to the Supreme Court of South Australia." 'Whether the costs of the interlocutory application should be taxable immediately or only after the principal application is heard and determined.']

Ratio Decidendi

The applicants failed in resisting the transfer application, so there was no reason to depart from the general rule that costs follow the event. The policy of O63r3(3) required taxation of interlocutory costs to await final disposition of the principal matter, and the liquidator had not shown that immediate recovery would materially affect his capacity to complete the liquidation.

Court Disposition

The applicants were ordered to pay the respondent's costs of the interlocutory application, taxable when the proceedings have been heard and determined by the Supreme Court of South Australia.

Orders

  • ["The applicants pay the respondent's costs of the interlocutory application to transfer the proceedings to the Supreme Court of South Australia." 'The costs be taxable when the proceedings have been heard and determined by that Court.']