Ashby v Slipper (No 3) [2015] FCAFC 9

COSTS – whether respondent who settles a claim by an applicant against it is thereafter vulnerable to a costs order as a “non-party” where (it is asserted by the successful applicant) the remaining respondent is unable to meet the costs order

COSTS – whether the successful applicant has established an entitlement to costs against a non-party – where the non-party is not shown to have directly or indirectly supported the respondent’s conduct of the proceeding – where the non-party had settled the related claim against it including on the basis that there be no liability for costs – application for costs against non-party refuses

Ashby v Slipper (No 3) [2015] FCAFC 9