United Broadcasting International Pty Ltd (No. 2) v TV Plus Int Pty Ltd [2007] FCA 485

United Broadcasting International Pty Ltd (No. 2) v TV Plus Int Pty Ltd [2007] FCA 485

The respondents are entitled to the costs thrown away due to the applicant's amendment of its statement of claim; otherwise, each party should bear its own costs of and incidental to the interlocutory hearing on 15 and 21 December 2006 given the complexities and circumstances described.

Jurisdiction
Australia
Judgment Date
03 April 2007
Procedural Posture
Interlocutory Application / Costs Order Following Interlocutory Hearing
Outcome
Partial costs order in favour of the respondents for costs thrown away; otherwise, parties bear own costs for the relevant interlocutory hearing.
Legal Topics
['costs' 'interlocutory Proceedings' 'amendment of Pleadings']
['civil Procedure'] ['costs' 'interlocutory Proceedings' 'amendment of Pleadings']

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Procedural Posture

Interlocutory Application / Costs Order Following Interlocutory Hearing

Legal Issues

  1. 1 ['Entitlement to costs thrown away following amendment of pleadings' 'Party entitlement to costs of interlocutory proceedings']

Ratio Decidendi

The respondents are entitled to the costs thrown away due to the applicant's amendment of its statement of claim; otherwise, each party should bear its own costs of and incidental to the interlocutory hearing on 15 and 21 December 2006 given the complexities and circumstances described.

Court Disposition

Partial costs order in favour of the respondents for costs thrown away; otherwise, parties bear own costs for the relevant interlocutory hearing.

Orders

  • ["The costs of the respondents necessarily incurred and thrown away by the amendments effected by the applicant's amended statement of claim filed on 15 December 2006 be paid by the applicant." 'The costs otherwise of and incidental to the interlocutory hearing on 15 and 21 December 2006 be the costs of the parties...