The Adelaide Steamship Co Ltd & Anor v Spalvins, Janis Gunars & Ors [1998] FCA 1195

The Adelaide Steamship Co Ltd & Anor v Spalvins, Janis Gunars & Ors [1998] FCA 1195

Because the sixth and seventh respondents had not issued any subpoenae and had played a passive role in the hearing before the primary Judge, and because the earlier order had not yet been entered, the Court varied paragraph 2 of the costs order to exclude the sixth and seventh respondents from liability for the appellants' costs of the hearing on the subpoenae below.

Jurisdiction
Australia
Judgment Date
24 September 1998
Procedural Posture
Appeal From a Judge of the Federal Court of Australia / Supplementary Reasons for Judgment on Costs; Variation of Order
Outcome
Order made on 21 August 1998 varied on 24 September 1998.
Legal Topics
['costs of Appeal' 'costs of Hearing on Subpoenae Below' 'variation of Orders Before Entry' 'federal Court Rules']
['civil Procedure' 'costs'] ['costs of Appeal' 'costs of Hearing on Subpoenae Below' 'variation of Orders Before Entry' 'federal Court Rules']

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Procedural Posture

Appeal From a Judge of the Federal Court of Australia / Supplementary Reasons for Judgment on Costs; Variation of Order

Legal Issues

  1. 1 ['Whether the costs order should be varied to exclude the sixth and seventh respondents from liability for the costs of the hearing on the subpoenae below.' 'Whether the Court should exercise its power under Order 35 rule 7(1) of the Federal Court Rules to vary an order not yet entered.']

Ratio Decidendi

Because the sixth and seventh respondents had not issued any subpoenae and had played a passive role in the hearing before the primary Judge, and because the earlier order had not yet been entered, the Court varied paragraph 2 of the costs order to exclude the sixth and seventh respondents from liability for the appellants' costs of the hearing on the subpoenae below.

Court Disposition

Order made on 21 August 1998 varied on 24 September 1998.

Orders

  • ['The appellant pay the costs of the fourth, fifth, sixth and seventh respondents to the appeal.' "The respondents to the appeal other than the sixth and seventh respondents pay the appellants' costs of the hearing on the subpoenae below."]