Batten v Container Terminal Management Services Limited [2001] FCA 1539

Batten v Container Terminal Management Services Limited [2001] FCA 1539

Applicants should pay one-half of the respondents' costs of the application for leave to amend and the whole of the respondents' costs thrown away by the amendments, but there should be no order that such costs are to be taxed and paid forthwith; a further order is made discontinuing proceedings against certain respondents.

Jurisdiction
Australia
Judgment Date
26 October 2001
Procedural Posture
Civil / Interlocutory; Costs Determination Post Amendment Application
Outcome
Applicants to pay part of respondents' costs on amendment applications; leave granted to discontinue against certain parties; no immediate taxation of costs ordered.
Legal Topics
['costs' 'leave to Amend Pleadings' 'accessorial Liability' 'case Management']
['civil Procedure'] ['costs' 'leave to Amend Pleadings' 'accessorial Liability' 'case Management']

Case Brief

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Procedural Posture

Civil / Interlocutory; Costs Determination Post Amendment Application

Legal Issues

  1. 1 ['Appropriate apportionment of costs for applications for leave to amend pleadings' 'Whether additional directions on pleadings and costs should be made at this interlocutory stage']

Ratio Decidendi

Applicants should pay one-half of the respondents' costs of the application for leave to amend and the whole of the respondents' costs thrown away by the amendments, but there should be no order that such costs are to be taxed and paid forthwith; a further order is made discontinuing proceedings against certain respondents.

Court Disposition

Applicants to pay part of respondents' costs on amendment applications; leave granted to discontinue against certain parties; no immediate taxation of costs ordered.

Orders

  • ["Applicants to pay one-half of the respondents' costs of the application for leave to amend." "Applicants to pay the whole of the respondents' costs thrown away by the amendments." 'Applicant in the Batten proceedings has leave to discontinue proceedings against the PCS respondents.' 'No order that the costs to be...