Vuly Property Pty Ltd v Yang (No 2) [2017] FCA 592

Vuly Property Pty Ltd v Yang (No 2) [2017] FCA 592

Due to the applicant's persistent failure to comply with court orders, lack of explanation, and abandonment of the proceeding, dismissal is warranted, and the respondent should be compensated by party/party costs up to 27 January 2017 and indemnity costs thereafter.

Jurisdiction
Australia
Judgment Date
17 May 2017
Procedural Posture
Application for Dismissal and Costs / Post Discontinuance/costs Determination
Outcome
The proceeding is dismissed. The applicant is to pay the respondent's costs of the proceeding up to and including 27 January 2017 on a party and party basis, and on and from 28 January 2017 on an indemnity basis. Reasons for judgment published from Chambers.
Legal Topics
['dismissal of Proceedings' 'costs' 'indemnity Costs' 'party/party Costs' 'case Management']
['practice and Procedure'] ['dismissal of Proceedings' 'costs' 'indemnity Costs' 'party/party Costs' 'case Management']

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Procedural Posture

Application for Dismissal and Costs / Post Discontinuance/costs Determination

Legal Issues

  1. 1 ['Whether the proceeding should be dismissed or discontinued' 'Whether costs should be awarded on an indemnity basis or party/party basis']

Ratio Decidendi

Due to the applicant's persistent failure to comply with court orders, lack of explanation, and abandonment of the proceeding, dismissal is warranted, and the respondent should be compensated by party/party costs up to 27 January 2017 and indemnity costs thereafter.

Court Disposition

The proceeding is dismissed. The applicant is to pay the respondent's costs of the proceeding up to and including 27 January 2017 on a party and party basis, and on and from 28 January 2017 on an indemnity basis. Reasons for judgment published from Chambers.

Orders

  • ['The proceeding is dismissed.' "The applicant pay the respondent's costs of the proceeding up to and including 27 January 2017 on a party and party basis to be agreed or taxed." "The applicant pay the respondent's costs of the proceeding on and from 28 January 2017 on an indemnity basis." 'The settled reasons for...