The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 2) [2020] FCA 333

The Owners - Strata Plan No 87231 v 3A Composites GmbH (No 2) [2020] FCA 333

Because the applicant's amendment to the pleading and originating application was so extensive as to amount to putting the respondents to a substantially new case, and given the delay and additional costs caused, the respondents are entitled to have their costs thrown away paid forthwith. The Court's discretion should be exercised because justice demands a departure from the rule that taxation must await finalization of the proceedings.

Jurisdiction
Australia
Judgment Date
12 March 2020
Procedural Posture
Representative Proceeding (costs Determination) / Interlocutory Application on Costs Following Leave to Amend Pleadings
Outcome
Orders made granting leave to amend pleadings and requiring the applicant to pay respondents' costs thrown away forthwith.
Legal Topics
['costs' 'pleadings Amendment' 'representative Proceedings' 'australian Consumer Law']
['civil Procedure' 'consumer Law' 'commercial Law'] ['costs' 'pleadings Amendment' 'representative Proceedings' 'australian Consumer Law']

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Procedural Posture

Representative Proceeding (costs Determination) / Interlocutory Application on Costs Following Leave to Amend Pleadings

Legal Issues

  1. 1 ["Whether the applicant should pay the respondents' costs thrown away due to the extensive amendments to the originating application and statement of claim, and whether such costs should be payable forthwith"]

Ratio Decidendi

Because the applicant's amendment to the pleading and originating application was so extensive as to amount to putting the respondents to a substantially new case, and given the delay and additional costs caused, the respondents are entitled to have their costs thrown away paid forthwith. The Court's discretion should be exercised because justice demands a departure from the rule that taxation must await finalization of the proceedings.

Court Disposition

Orders made granting leave to amend pleadings and requiring the applicant to pay respondents' costs thrown away forthwith.

Orders

  • ['The Applicant is granted leave to file the Further Amended Originating Application and Amended Statement of Claim served on 14 February 2020, on or before 2 March 2020.' "The Applicant must pay the First Respondent's costs thrown away by reason of the amendments, including costs of the First Respondent's...