Harriss, Robert William & Anor v Fluid Energy Systems Pty Ltd [1995] FCA 860

Harriss, Robert William & Anor v Fluid Energy Systems Pty Ltd [1995] FCA 860

The court held it was not open to make an order for the issue of a costs certificate because, in this case, there had never been a hearing of what was relevantly a trial which had been discontinued so as to require a new hearing to be ordered under s 10(3), nor were the proceedings 'conducted' before the specified judge within the meaning of s 10(2).

Jurisdiction
Australia
Judgment Date
31 July 1995
Procedural Posture
Application (notice of Motion) / Interlocutory (application for Costs Certificate and Expedited Hearing Date)
Outcome
Application dismissed.
Legal Topics
['costs Certificates' 'discontinuance of Proceedings' 'federal Proceedings (costs) Act 1981' 'expedited Hearings']
['civil Procedure'] ['costs Certificates' 'discontinuance of Proceedings' 'federal Proceedings (costs) Act 1981' 'expedited Hearings']

Case Brief

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Procedural Posture

Application (notice of Motion) / Interlocutory (application for Costs Certificate and Expedited Hearing Date)

Legal Issues

  1. 1 ['Whether the applicants are entitled to a costs certificate under s 10(2) or s 10(3) of the Federal Proceedings (Costs) Act 1981 due to the discontinuance or abortiveness of the hearing when no judge was available.' 'Whether a new hearing has been ordered following a discontinued hearing as required by s 10(3).']

Ratio Decidendi

The court held it was not open to make an order for the issue of a costs certificate because, in this case, there had never been a hearing of what was relevantly a trial which had been discontinued so as to require a new hearing to be ordered under s 10(3), nor were the proceedings 'conducted' before the specified judge within the meaning of s 10(2).

Court Disposition

Application dismissed.

Orders

  • ['No order for costs certificate made.' 'No expedited new hearing date ordered.']