Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gloucester Shire Council v Fitch Ratings, Inc (No 3) [2017] FCA 553 File number(s): NSD 995 of 2014
Judge(s): WIGNEY J
Date of judgment: 22 May 2017
Catchwords: COSTS – application for summary dismissal or for pleading to be struck out – competing application for leave to amend pleading – where applicants granted leave to amend – where respondents were unsuccessful on both applications – where applicants conceded they should pay the respondents' costs "thrown away" by reason of the amendment – whether costs should follow the event – where amendment application sought an indulgence of the Court – whether respondent acted unreasonably in opposing the amendment application
Cases cited: Gillion Pty Limited (Trustee) v Wet Fix Holdings Pty Limited (No 2) [2016] FCA 1483 Gloucester Shire Council v Fitch (No 2) [2017] FCA 248 His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand v The Macedonian Orthodox Community Church St Petka Incorporated (No. 2) [2007] NSWCA 142 O'Keefe Nominees Pty Ltd v BP Australia Ltd (No. 2) (1995) 55 FCR 591 Stanley v Layne Christensen Company [2006] WASCA 56
Date of hearing: Determined on the papers
Date of last submissions: 30 March 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: Mr C Withers
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate