Salfinger v Niugini Mining (Aust) Pty Ltd (No 5) [2008] FCA 1119

Salfinger v Niugini Mining (Aust) Pty Ltd (No 5) [2008] FCA 1119

Adequate notice of the application for gross sum costs was served on the applicant; factors including the applicant's lack of assets in Australia, failure to comply with court orders, and unlikelihood to pay justified the making of gross sum costs orders instead of proceeding to taxation. The apprehended bias claim was rejected.

Parties
Applicant: Roderick Neil Salfinger; First Respondent: Niugini Mining (Australia) Pty Ltd; Second Respondent: State of Queensland
Jurisdiction
Australia
Judgment Date
29 July 2008
Procedural Posture
Costs Application / Post Judgment (costs Orders)
Outcome
Gross sum costs orders granted
Legal Topics
Gross Sum Costs Order, Service of Documents, Apprehended Bias
Civil Procedure Gross Sum Costs Order Service of Documents Apprehended Bias

Case Brief

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Parties

Roderick Neil Salfinger

Applicant

Niugini Mining (Australia) Pty Ltd

First Respondent

State of Queensland

Second Respondent

Procedural Posture

Costs Application / Post Judgment (costs Orders)

Legal Issues

  1. 1 Whether adequate notice of the gross sum costs application was given to the applicant
  2. 2 Whether the Court should make gross sum costs orders under Federal Court Rules O 62 r 4
  3. 3 Whether apprehended bias was established against the judge

Ratio Decidendi

Adequate notice of the application for gross sum costs was served on the applicant; factors including the applicant's lack of assets in Australia, failure to comply with court orders, and unlikelihood to pay justified the making of gross sum costs orders instead of proceeding to taxation. The apprehended bias claim was rejected.

Court Disposition

Gross sum costs orders granted

Orders

  • Applicant to pay First Respondent $16,774 pursuant to the order of 30 March 2007 for costs.
  • Applicant to pay First Respondent $1,169 pursuant to the order of 29 August 2007 for costs.