LFDB v SM (No 2) [2015] FCA 1013

LFDB v SM (No 2) [2015] FCA 1013

No reason exists to depart from the usual rule that costs follow the event; neither the applicant's nor respondent's conduct warrants indemnity costs or variation of costs orders; each party to bear its own costs for the costs applications.

Jurisdiction
Australia
Judgment Date
14 September 2015
Procedural Posture
Costs Application / Post Judgment, Costs Determination
Outcome
Applications dismissed. Each party to bear own costs of the costs applications.
Legal Topics
['indemnity Costs' 'costs Orders' 'offers of Compromise' 'trans Tasman Proceedings']
['civil Procedure'] ['indemnity Costs' 'costs Orders' 'offers of Compromise' 'trans Tasman Proceedings']

Case Brief

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Procedural Posture

Costs Application / Post Judgment, Costs Determination

Legal Issues

  1. 1 ['Whether indemnity costs should be awarded to the applicants' "Whether the respondent's conduct warrants departure from the usual costs rule" 'Whether costs orders should be varied to reflect partial success']

Ratio Decidendi

No reason exists to depart from the usual rule that costs follow the event; neither the applicant's nor respondent's conduct warrants indemnity costs or variation of costs orders; each party to bear its own costs for the costs applications.

Court Disposition

Applications dismissed. Each party to bear own costs of the costs applications.

Orders

  • ["The applicants' application for indemnity costs be refused." "The respondent's application for a variation of the order that the respondent pay the applicants' costs be refused." 'Each party bear its own costs of the costs applications.']