Verso Technologies Inc (formerly Eltrax Systems Inc) v Rasmussen and Ors (No 2) [2004] NSWIRComm 234

Verso Technologies Inc (formerly Eltrax Systems Inc) v Rasmussen and Ors (No 2) [2004] NSWIRComm 234

Although the appellant had succeeded in the interlocutory appeal, the costs issues arose from technical but important service questions concerning a foreign corporation, the clarification of which had a public interest beyond the parties. Because there was also a possibility that the appellant may have attempted to avoid service, justice was best served by reserving the costs of the proceedings before Staunton J and of the appeal for determination by the trial judge, who could assess the totality of the evidence about service and any avoidance of service.

Jurisdiction
Australia
Judgment Date
17 August 2004
Procedural Posture
Appeal Costs Unfair Contract Practice and Procedure Service on Foreign Corporation / Costs Submissions After Interlocutory Appeal Allowed and First Instance Orders Set Aside
Outcome
Costs reserved to be dealt with by the trial judge.
Legal Topics
['unfair Contract Proceedings' 'service on Foreign Corporation' 'costs Discretion' 'interlocutory Appeal' "suitors' Fund Certificate"]
['industrial Relations' 'civil Procedure' 'costs'] ['unfair Contract Proceedings' 'service on Foreign Corporation' 'costs Discretion' 'interlocutory Appeal' "suitors' Fund Certificate"]

Case Brief

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Procedural Posture

Appeal Costs Unfair Contract Practice and Procedure Service on Foreign Corporation / Costs Submissions After Interlocutory Appeal Allowed and First Instance Orders Set Aside

Legal Issues

  1. 1 ['Whether the appellant should receive costs of the appeal and proceedings before Staunton J after succeeding on the interlocutory appeal.' 'Whether the question of costs should instead be reserved to be dealt with by the trial judge.' "Whether the first respondent should receive a certificate under s 6 of the Suitors' Fund Act 1951 if costs were ordered against him."]

Ratio Decidendi

Although the appellant had succeeded in the interlocutory appeal, the costs issues arose from technical but important service questions concerning a foreign corporation, the clarification of which had a public interest beyond the parties. Because there was also a possibility that the appellant may have attempted to avoid service, justice was best served by reserving the costs of the proceedings before Staunton J and of the appeal for determination by the trial judge, who could assess the totality of the evidence about service and any avoidance of service.

Court Disposition

Costs reserved to be dealt with by the trial judge.

Orders

  • ['The question of the costs of the proceedings before Staunton J and of the appeal is reserved to be dealt with by the trial judge.' 'The trial judge may deal with costs at the conclusion of the trial or another convenient point in the proceedings.']