S. & U. Constructions Pty Ltd v. Westworld Property Holdings Pty Ltd & Ors [1988] FCA 154

S. & U. Constructions Pty Ltd v. Westworld Property Holdings Pty Ltd & Ors [1988] FCA 154

David James Remar is liable for the applicant's costs, excluding costs in respect of the last day's hearing, in recognition of wasted time caused by the applicant's late amendments. No costs awarded in favour of Judith Eve Remar as it was not sought by any party.

Parties
Applicant: S. & U. Constructions Pty Ltd; First Respondent: Westworld Property Holdings Pty Ltd; Second Respondent: David James Remar; Second Respondent: Judith Eve Remar
Jurisdiction
Australia
Judgment Date
22 March 1988
Procedural Posture
Civil / Post Judgment; Order as to Costs
Outcome
Costs order varied; costs awarded to applicant against David James Remar excluding last day's hearing. No costs order in favour of Judith Eve Remar.
Legal Topics
Costs, Orders as to Costs
Civil Procedure Costs Orders as to Costs

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Parties

S. & U. Constructions Pty Ltd

Applicant

Westworld Property Holdings Pty Ltd

First Respondent

David James Remar

Second Respondent

Judith Eve Remar

Second Respondent

Procedural Posture

Civil / Post Judgment; Order as to Costs

Legal Issues

  1. 1 Appropriate allocation of costs following amendments and judgment
  2. 2 Entitlement to costs for Judith Eve Remar

Ratio Decidendi

David James Remar is liable for the applicant's costs, excluding costs in respect of the last day's hearing, in recognition of wasted time caused by the applicant's late amendments. No costs awarded in favour of Judith Eve Remar as it was not sought by any party.

Court Disposition

Costs order varied; costs awarded to applicant against David James Remar excluding last day's hearing. No costs order in favour of Judith Eve Remar.

Orders

  • The second respondent, David James Remar, pay the applicant's costs of and incidental to the proceedings, to be taxed, provided that the costs in respect of the trial shall not include the last day's hearing.
  • That the said order as to costs be perfected forthwith.