Grimshaw and Thanh and Anor
Case
•
[2014] FCCA 2614
•14 November 2014
Details
AGLC
Case
Decision Date
Grimshaw and Thanh and Anor [2014] FCCA 2614
[2014] FCCA 2614
14 November 2014
CaseChat Overview and Summary
In *Grimshaw and Thanh and Anor*, the applicant sought to bring proceedings against the respondents. The specific nature of the dispute is not detailed in the provided text, but the matter came before Judge Kemp.
The central legal issue before the court was whether the applicant's Initiating Application, filed on 16 December 2013, should be summarily dismissed. The court was also required to consider the disposition of all other outstanding applications and the matter of costs.
Judge Kemp ordered that the applicant's Initiating Application filed on 16 December 2013 be summarily dismissed. Furthermore, all other outstanding applications were dismissed, with the exception of any reserved costs. The court also stipulated that if any party sought costs, a written application, supported by documentary material, was to be filed and served within 28 days, failing which there would be no order as to costs. The court indicated it would deal with any cost applications by way of written submissions.
The central legal issue before the court was whether the applicant's Initiating Application, filed on 16 December 2013, should be summarily dismissed. The court was also required to consider the disposition of all other outstanding applications and the matter of costs.
Judge Kemp ordered that the applicant's Initiating Application filed on 16 December 2013 be summarily dismissed. Furthermore, all other outstanding applications were dismissed, with the exception of any reserved costs. The court also stipulated that if any party sought costs, a written application, supported by documentary material, was to be filed and served within 28 days, failing which there would be no order as to costs. The court indicated it would deal with any cost applications by way of written submissions.
Details
Key Legal Topics
Areas of Law
-
Civil Procedure
Legal Concepts
-
Summary Judgment
-
Costs
-
Procedural Fairness
Actions
Download as PDF
Download as Word Document
Most Recent Citation
Thanh and Anor and Grimshaw [2015] FCCA 612
Cases Cited
5
Statutory Material Cited
5
R & M
[2002] FMCAfam 279
Spencer v Commonwealth of Australia
[2010] HCA 28