Federal Court of Australia
Federal Court of Australia
Four Air Leitchville Pty Ltd v Hurlad Pty Ltd (No 3) [2024] FCA 238 File number(s): VID 120 of 2020
Judgment of: BUTTON J
Date of judgment: 13 March 2024
Catchwords: COSTS – costs following amendment application – where both sides had measure of success – where numerous objections to pleading raised – where Applicant on notice of certain deficiencies for some time
Cases cited: Four Air Leitchville Pty Ltd v Hurlad Pty Ltd [2024] FCA 167
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 14
Date of last submissions: 6 March 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: D Shirrefs
Solicitor for the Applicant: Maitland Lawyers
Counsel for the Third and Fourth Respondents: C G Juebner KC with O Nanlohy
Solicitor for the Respondents: SBA Law
ORDERS VID 120 of 2020
BETWEEN: FOUR AIR LEITCHVILLE PTY LTD (ACN 006 929 219) Applicant
AND: HURLAD PTY LTD (ACN 063 476 415) First Respondent
GAVIN BULLAS Second Respondent
INTERAIR PTY LTD (ACN 005 884 042) (and another named in the Schedule) Third Respondent
order made by: BUTTON J DATE OF ORDER: 13 MARCH 2024
THE COURT ORDERS THAT:
1. The Applicant pay 30% of the Third and Fourth Respondents' costs of and incidental to the hearing of the Applicant's interlocutory application on 5 February 2024. 2. The Applicant pay the Third and Fourth Respondents' costs thrown away by reason of the amendment of the statement of claim pursuant to orders made on 29 February 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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