Strange v Turnbull (No 2)

In the Federal Court of Australia, Strange, the plaintiff, sought summary judgment against Turnbull, the defendant, in relation to a breach of contract claim. The plaintiff applied for summary judgment under rule 42.1 of the Uniform Civil Procedure Rules 2005. The defendant opposed the application and raised a new defence for the first time at the hearing of the application. The court had to determine whether it could award costs to the plaintiff and whether it could make some other order as to costs, given that the defendant raised a new defence that had not been previously pleaded or notified to the plaintiff.

The court found that there was a question of principle as to whether it could make an order for costs when the defendant raised an issue for the first time at the hearing of the application. The court held that it could not make an order for costs to the plaintiff because the defendant's new defence was not previously pleaded or notified to the plaintiff. The court also held that it could not make some other order as to costs because the defendant's new defence was not previously pleaded or notified to the plaintiff. The court noted that the defendant's new defence was not a minor or technical issue, but rather a central issue to the defence.

The court dismissed the plaintiff's application for summary judgment and made no order as to costs. The court held that the defendant's new defence was not previously pleaded or notified to the plaintiff and that it could not make an order for costs or some other order as to costs in those circumstances. The court also noted that there was no question of principle that needed to be resolved in this case.

No final orders were made in this case as the court dismissed the plaintiff's application for summary judgment and made no order as to costs. The court held that the defendant's new defence was not previously pleaded or notified to the plaintiff and that it could not make an order for costs or some other order as to costs in those circumstances. The case will proceed to trial, and the parties will have an opportunity to present their cases in full.