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Muscle Car Factory v Puleo

Muscle Car Factory v Puleo

Case [2017] VCC 1854

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AGLC: Muscle Car Factory v Puleo [2017] VCC 1854
Case: [2017] VCC 1854
Decision Date: 13 December 2017

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Muscle Car Factory v Puleo [2017] VCC 1854

Cases Citing This Decision

Cases Cited

Statutory Material Cited

Hewitt v Count Financial Ltd [2017] VSCA 354
Citation 1 (Para 1)

…ication which was made before the Judicial Registrar anew, on the same materials as those before the Judicial Registrar: Hewitt v Count Financial Ltd [2017] VSCA 354 at [1] (per Tate and Kyrou JJA).…
Voxson Pty Limited v Telstra Corporation Limited (No 5) [2016] FCA 1097
Citation 2 (Para 16)

…con Operations Pty Ltd v Capital Steel & Pipe Pty Ltd (No. 2) [2008] FCA 24 at [18] (Besanko J) and Rafferty Time 2000 West Pty Ltd (No. 3) (2009) 257 ALR 503 – discussing the similar r40.13 in the Federal Court Rules 2011.…
Setka v Abbott (No 2) [2013] VSCA 376
Citation 3 (Para 17)

…y of conduct which is properly characterised as reprehensible, unreasonable or involving a want of competence and diligence: Setka v Abbott (No. 2) [2013] VSCA 376 at [27]; Dale , especially at [65].…
Yara Australia Pty Ltd v Oswal [2013] VSCA 337
Citation 4 (Para 6)

…sdictions in Australia to sanction legal practitioners and parties who fail to meet their overarching obligations (see Yara Australia Pty Ltd v Oswal [2013] VSCA 337, per Redlich and Priest JJA and Macaulay AJA).…
Tsueneaki v Stewart [2013] ACTCA 34
Citation 5 (Para 7)

…on to order immediate taxation on the principles enunciated by the High Court in Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175. The High Court there said that adverse costs orders in themselves may be insufficient to allay prejudice to the opposing party as a result of delay.…
All Services Australia Pty Ltd v Telstra Corporation Ltd [2000] FCA 375
Citation 6 (Para 18)

…re that delay was occasioned through no fault of the party seeking immediate taxation: All Services Australia Pty Ltd v Telstra Corporation Ltd & Ors (2000) 171 ALR 330 at [11]. Kiefel J, as her Honour then was, there considered the equivalent provision in the Federal Court Rules and declined to make the order sought…
AON Risk Services Australia Limited v Australian National University [2009] HCATrans 74
Citation 7 (Para 7)

…Dixon J based his decision to order immediate taxation on the principles enunciated by the High Court in Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175. The High Court there said that adverse costs orders in themselves may be insufficient to allay prejudice to the opposing party as a result of delay. The Court said at [5] that ‘what…
Life Airbag Company of Australia Pty Ltd v Life Airbag Company (New Zealand) Ltd [1998] FCA 545
Citation 8 (Para 11)

…The defendant refers to Life Airbag Co of Australia Pty Ltd v Life Airbag Co (New Zealand) Ltd [1998] FCA 545 where Branson J held that a hearing date 'many months' away was a 'considerable time' that warranted a departure from the ordinary rule regarding payment of interlocutory costs orders.…
Von Marburg v Aldred & Anor (No 3) [2017] VSC 146
Citation 9 (Para 2)

…It relies on Trkulja v Dobrijevic (No 2) [2016] VSC 596 ( Trkulja ) and Von Marburg v Aldred & Anor (No 3) [2017] VSC 146 ( Von Marburg ).…
Trkulja v Dobrijevic (No 2) [2016] VSC 596
Citation 10 (Para 2)

…It relies on Trkulja v Dobrijevic (No 2) [2016] VSC 596 ( Trkulja ) and Von Marburg v Aldred & Anor (No 3) [2017] VSC 146 ( Von Marburg ).…
Dale v Clayton Utz (No 3) [2013] VSC 593
Citation 11 (Para 8)

…and paid immediately. It refers to Trkulja , where Dixon J referred at [74]–[75] to Hollingworth J’s statement in Dale v Clayton Utz (No 3) [2013] VSC 593 ( Dale ), at [65] that: Courts have recognised that the demands of justice may require a departure from the ordinary rule [against the immediate taxation of in…

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