Forensic Document Examiners Pty Ltd v Cristavao

In the matter of Forensic Document Examiners Pty Ltd v Cristavao, the respondent, Mr Cristavao, sought an extension of time to apply for a review of a costs order made by Registrar Scott on 17 March 2011. The order had required Mr Cristavao to pay the costs of the applicant, Forensic Document Examiners Pty Ltd. The application was made in light of the statutory demand made by Mr Cristavao, which was set aside by consent. Forensic had applied to set aside the demand on the basis that it had not been properly served and, therefore, did not file a defence. The central legal issue for the court was whether the respondent was entitled to an extension of time to seek a review of the Registrar's costs order, and if so, what the outcome of such a review should be.

The court considered the principles established in Ruddock v Vadalis (No 2) regarding the award of costs, which emphasised the outcome of the litigation as the primary factor. Since Forensic had been wholly successful in its application to set aside the statutory demand, the court found that there were no special circumstances justifying a different order. Consequently, the court concluded that there was no utility in granting Mr Cristavao an extension of time to file his motion for review. The court dismissed the application for an extension of time and ordered that Mr Cristavao pay the applicant's costs in connection with the directions hearing and the preparation of written submissions.

In summary, the court ruled that the respondent's application for an extension of time to seek a review of the costs order was dismissed. The court further ordered that Mr Cristavao pay the applicant's costs in relation to the directions hearing and the preparation of written submissions.