[2015] TASSC 17
COURT: SUPREME COURT OF TASMANIA
CITATION: Jadwan Pty Ltd v Rae & Partners (No 2) [2015] TASSC 17
PARTIES: JADWAN PTY LTD (ACN 006 203 112)
v
RAE & PARTNERS (a firm)
WILSON DOWD (a firm)
TOOMEY MANNING & CO (a firm)JANET KAY HOGAN as Executor of the Estate of the Late John Michael Hogan
WORSLEY DARCEY & ASSOCIATES (a firm)
FILE NO: 35/2003
DELIVERED ON: 15 May 2015
DELIVERED AT: Hobart
HEARING DATE: 11 May 2015
JUDGMENT OF: Holt AsJ
CATCHWORDS:
Procedure – Costs – Interlocutory proceedings – Costs in the cause – Rule of court that costs in the cause of the party in whose favour application determined – Power to otherwise order – Costs of defendants' successful applications for security for costs.
Supreme Court Civil Procedure Act 1932 (Tas), s12.
Supreme Court Rules 2000 (Tas), r65.
Gunns Ltd v Alishah (No 3) (2009) 19 Tas R 401 followed.
Jazabas Pty Ltd v Haddad (2006) NSWSC 880 and Adult Guardian v B (2002) 170 FLR 220 considered.
Aust Dig Procedure [602]
REPRESENTATION:
Counsel:
Plaintiff: S Matters
1st, 2nd & 3rd defendants: G Tremayne
4th & 5th defendants: C Gunson
Solicitors:
Plaintiff: Fitzgerald & Browne
1st, 2nd & 3rd defendants: Tremayne Faye & Rheinberger
4th defendant: Lander & Rogers
5th defendant: Shaun McElwaine + Associates
Judgment Number: [2015] TASSC 17
Number of paragraphs: 29
Serial No 17/2015
File No 35/2003
JADWAN PTY LTD v RAE & PARTNERS (a firm) and
WILSON DOWD (a firm) and TOOMEY MANING & CO (a firm) and
JANET KAY HOGAN as Executor of the Estate of the Late John Michael Hogan and WORSLEY DARCEY & ASSOCIATES (a firm)
REASONS FOR JUDGMENT Holt AsJ
15 May 2015
On 30 March 2015 I made orders requiring the plaintiff to give security for the costs of the defendants and published reasons. Jadwan Pty Ltd v Rae & Partners [2015] TASSC 11. At the same time I adjourned the hearing of several interlocutory applications which may or may not proceed depending upon whether the security ordered is given.
The matter has since returned for the consideration of questions of costs.
As to the adjourned interlocutory applications, it was agreed that argument as to the costs occasioned by or thrown away as a result of the adjournments should be presented when the applications are determined or some other event occurs which makes it appropriate to finally dispose of the costs of those applications. I do not consider it necessary to make a formal order adjourning those costs questions.
The matter of the costs of the security for costs applications was argued.
The defendants applied for orders giving them the costs of the security applications regardless of the ultimate outcome of the primary proceedings. Counsel for the first, second and third defendants was content that any order made in favour of those defendants be conditioned by the…
Keep reading for free
Create a free CaseChat account to read Jadwan Pty Ltd v Rae and Partners (No 2) and more:
- Read every judgment in full
- Ask AI and get answers linked to paragraphs
- See how each paragraph was cited in later cases
- Download judgments as PDF or Word
One click creates your free account or signs you in.
By continuing you agree to the Terms and Privacy Policy.
- Case
- [2015] TASSC 17
- Decision Date
CaseChat Overview and Summary
The court considered the principle that, in interlocutory proceedings, the party in whose favour the application is determined should bear the costs of the cause. However, the court also recognised its discretion to order otherwise. The defendants had successfully applied for security for costs, and the court had to decide whether the plaintiffs should bear the costs of these applications. The court found that the plaintiffs' applications for security for costs were unsuccessful and that the defendants had incurred costs as a result of these applications. The court exercised its discretion and ordered that the defendants' costs of their successful applications for security for costs be borne by the plaintiffs.
The court's reasoning was based on the principle that the discretion to order costs in interlocutory proceedings should be exercised to achieve fairness. In this case, the court found that it was just and equitable to order the plaintiffs to bear the defendants' costs of their successful applications for security for costs. The outcome of the case reinforces the importance of the court's discretion in allocating costs in interlocutory proceedings and highlights the need for careful consideration of the principles of fairness and justice.
Orders
Orders of the court
Full text does not contain this section.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
Full text does not contain this section.
Decision
Reasons for decision
Full text does not contain this section.
Ratio Decidendi
Legal Principle Established
Full text does not contain this section.