Tradesman Technologies Pty Ltd v Ameduri (No.2)

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FEDERAL MAGISTRATES COURT OF AUSTRALIA

TRADESMAN TECHNOLOGIES PTY LTD v AMEDURI (No.2) [2011] FMCA 179

PRACTICE & PROCEDURE – COSTS – Application by respondent for costs of interlocutory application – power of Court to award costs – whether inherent jurisdiction or implied incidental power or express discretionary power – whether respondent wholly successful – whether the Court should order costs to be taxed under Order 62 of the Federal Court Rules (Cth) – whether costs to be fixed according to Schedule 1 of the Federal Magistrates Court Rules 2001 (Cth) – whether costs should be assessed now or at the completion of the proceedings.

COURTS AND JURISDICTION – Federal courts – whether inherent jurisdiction or implied incidental power.

Federal Court Rules (Cth), O.62
Federal Magistrates Act 1999 (Cth), ss.15(a), 79, 81, 86, 88
Federal Magistrates Court Rules 2001 (Cth), rr.21.02, 21.10, 21.11, 21.15, Schedule 1

DJL v Central Authority (2000) 201 CLR 226; [2000] HCA 17

Hinchliffe v University of Sydney (No.2) [2004] FMCA 640
Ho v Regulator Australia Pty Ltd & Anor (No.2) [2004] FMCA 402
Jackson v Sterling Industries Ltd (1986) 69 ALR 92
Jackson v Sterling Industries Ltd (1987) 162 CLR 612
Joshua Brook Pty Ltd v Outdoor Centre Holdings Pty Ltd & Anor (No.2) [2010] FMCA 446
Kanapathy v In De Braekt & Anor (No.2) [2011] FMCA 51
Matthews v Nilant [2002] FMCA 201
McBride v State of Victoria (No.2) [2003] FMCA 313
O’Keeffe Nominees Pty Ltd v BP Australia Ltd (No.2) (1995) 55 FCR 591
Parsons v Martin (1984) 5 FCR 235
Pierson’s Pro-Health Pty Ltd & Ors v Silvex Nominees Pty Ltd & Anor (No.3) [2010] FMCA 250
Re Read (2007) 164 FCR 237; [2007] FCA 1985
Reynolds v The Minister for Health (No.2) [2010] FMCA 910
Scherer v Counting Instruments Ltd [1986] 2 All ER 529
Schueler & Anor v Smith & Ors [2010] FMCA 777

Skipworth v State of Western Australia (No.2) (2008) 218 FLR 16; [2008] FMCA 544

Swevenings Pty Ltd v Ferguson Consolidated Holdings Pty Ltd & Anor (No.6) [2010] FMCA 418
Temby & Anor v Chambers Investment Planners Pty Ltd & Anor [2010] FMCA 783
Tradesman Technologies Pty Ltd v Ameduri [2010] FMCA 1011
VTAG v Minister for Immigration & Multicultural & Indigenous Affairs (2005) 141 FCR 291; [2005] FCAFC 91

J Tarrant, Amending Final Judgments and Orders (Sydney: Federation Press, 2010)
Applicant: TRADESMAN TECHNOLOGIES PTY LTD
Respondent: JOHN AMEDURI
File Number: PEG 88 of 2010
Judgment of: Lucev FM
Hearing date: By written submissions
Date of Last Submission: 10 February 2011
Delivered at: Perth
Delivered on: 25 March 2011

REPRESENTATION

Solicitors for the Applicant: De Vita & Dixon Lawyers
Solicitors for the Respondent: McDonald Pynt Lawyers

ORDERS

  1. The applicant pay the respondent’s costs of the application in a case filed 13 July 2010 fixed in the sum of $2,785 by 27 April 2011.

FEDERAL MAGISTRATES
COURT OF AUSTRALIA
AT PERTH

PEG 88 of 2010

TRADESMAN TECHNOLOGIES PTY LTD

Applicant

And

JOHN AMEDURI

Respondent

REASONS…

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Details
Case
[2011] FMCA 179
Decision Date

CaseChat Overview and Summary

The matter before the court involved a dispute between Tradesman Technologies Pty Ltd and Ameduri. The nature of the conflict was centered on an application for costs related to an interlocutory application filed on 13 July 2010. The court was required to determine the appropriate costs to be awarded, specifically whether these should be fixed according to the Federal Magistrates Court Rules 2001 (Cth) or assessed at a later stage. Additionally, the court had to decide if the power to award costs stemmed from the court's inherent jurisdiction, an implied incidental power, or an express discretionary power.

The legal issues the court needed to address included whether the respondent was wholly successful in their application, thereby justifying the award of costs, and whether the court should order costs to be taxed under Order 62 of the Federal Court Rules (Cth). Another point of contention was whether the costs should be assessed immediately or deferred until the conclusion of the proceedings. The court also had to consider the implications of the Federal Magistrates Court Rules 2001 (Cth) on the calculation of these costs.

The court determined that the power to award costs arose from the court's inherent jurisdiction, not from an implied incidental power or an express discretionary power. It found that the respondent was successful in their application, thereby warranting an award of costs. The court opted to fix the costs now rather than deferring it until the end of the proceedings, and set the amount at $2,785 to be paid by the applicant by 27 April 2011. The court directed that these costs should be calculated in accordance with Schedule 1 of the Federal Magistrates Court Rules 2001 (Cth).

The final order was that the applicant was to pay the respondent's costs of the application in the specified sum of $2,785 by 27 April 2011.

Orders

Orders of the court

1.

The applicant pay the respondent’s costs of the application in a case filed 13 July 2010 fixed in the sum of $2,785 by 27 April 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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