FEDERAL COURT OF AUSTRALIA
Richmond v Ora Gold Limited [2020] FCA 70
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- Case
- [2020] FCA 70
- Decision Date
CaseChat Overview and Summary
The court found that Richmond's amendments to their statement of claim were substantial and constituted a re-pleading of their case. However, the court determined that the amendments were not due to any concealment or deceit by Ora Gold. The court also held that Richmond's conduct in bringing the application was not unreasonable. The court ruled that Richmond should bear the costs of their application for leave to amend, as well as the costs incurred by Ora Gold as a result of the amendments. The court did not order that the costs be paid forthwith but directed that the orders be entered in accordance with Rule 39.32 of the Federal Court Rules 2011.
In summary, the court ordered Richmond to pay the costs of their application for leave to amend and the costs thrown away by reason of the amendments to the amended statement of claim. Additionally, each party was to bear its own costs of the hearing concerning appropriate costs orders. The court did not order that the costs be paid forthwith, leaving the timing of payment to be determined in accordance with the relevant rules.
Orders
Orders of the court
1. Subject to order 3, the applicant do pay the costs of and incidental to the applicant's application for leave to amend in terms of the further amended statement of claim filed 24 September 2019.
2. The applicant pay the costs thrown away by reason of the amendments to the amended statement of claim dated 12 September 2018.
3. Each party bear its own costs of the hearing on 31 January 2020 concerning appropriate costs orders consequent upon the amendments to the amended statement of claim, including the costs of written submissions and affidavits received on that application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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