Tour Squad Pty Ltd v Fifth Amendment Entertainment Inc [2020] FCA 1649
The respondents failed to file a defence within the time specified, with no adequate explanation, and their conduct creates unreasonable delay. Combined with the likelihood of protracted proceedings, absence of security for costs, and the respondents being in a foreign jurisdiction, it is appropriate to order the costs of the interlocutory application be taxed immediately, departing from the usual rule under r 40.13.
- Jurisdiction
- Australia
- Judgment Date
- 11 November 2020
- Procedural Posture
- Commercial Contracts Claim / Interlocutory Application for Immediate Taxation of Costs
- Outcome
- Application granted
- Legal Topics
- ['costs' 'case Management' 'interlocutory Applications']
Case Brief
Summary, issues, holding and outcome
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Procedural Posture
Commercial Contracts Claim / Interlocutory Application for Immediate Taxation of Costs
Legal Issues
- 1 ['Whether the costs of an interlocutory application should be taxed immediately contrary to r 40.13 of the Federal Court Rules 2011']
Ratio Decidendi
The respondents failed to file a defence within the time specified, with no adequate explanation, and their conduct creates unreasonable delay. Combined with the likelihood of protracted proceedings, absence of security for costs, and the respondents being in a foreign jurisdiction, it is appropriate to order the costs of the interlocutory application be taxed immediately, departing from the usual rule under r 40.13.
Court Disposition
Application granted
Orders
- ["The applicant's costs of the interlocutory application filed on 22 September 2020, including costs of seeking the order, be taxed forthwith."]
Full Case Text
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