Aircraft Structural Contractors Pty Ltd v Nauru Air Corporation [2023] FCA 993

Federal Court of Australia

Aircraft Structural Contractors Pty Ltd v Nauru Air Corporation [2023] FCA 993 File number(s): QUD 276 of 2021

Judgment of: DOWNES J

Date of judgment: 21 August 2023

Catchwords: PRACTICE AND PROCEDURE – where application for order that costs be payable forthwith – two distinct claims abandoned after 18 months through no fault of the respondent – respondent incurred significant costs to meet those claims – order made as sought

Legislation: Federal Court Rules 2011 (Cth) rr 1.34, 1.35, 30.01

Cases cited: Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4

Division: General Division

Registry: Queensland

National Practice Area: Commercial and Corporations

Sub-area: Commercial Contracts, Banking, Finance and Insurance

Number of paragraphs: 28

Date of hearing: 21 August 2023

Counsel for the Applicant: Mr N Derrington

Solicitor for the Applicant: HWL Ebsworth

Counsel for the Respondent: Mr D Clothier KC w/ Ms S Spottiswood

Solicitor for the Respondent: K&L Gates

ORDERS QUD 276 of 2021

BETWEEN: AIRCRAFT STRUCTURAL CONTRACTORS PTY LTD Applicant

AND: NAURU AIR CORPORATION Respondent

order made by: DOWNES J DATE OF ORDER: 21 AUGUST 2023

THE COURT ORDERS THAT:

1. The Applicant's interlocutory application filed on 21 July 2023 is dismissed. 2. The Applicant pay the Respondent's costs of the Applicant's interlocutory application filed on 21 July 2023. 3. The Respondent's costs as ordered by order 2 of the Order made on 17 March 2023 are taxable and payable immediately. 4. The Applicant pay the Respondent's costs of the Respondent's interlocutory application filed on 21 July 2023. 5. The Respondent's costs as ordered by order 4 above are taxable and payable immediately. 6. The matter is listed for a case management hearing at 9.30 am on 3 November 2023. 7. The costs of the case management hearing are reserved. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.