Scidera, Inc. v Meat and Livestock Australia Limited (No 3)

[2025] FCA 1569

Federal Court of Australia10 December 2025

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. Practice and Procedure
2. › costs
3. › costs orders
1. costs for interlocutory application for summary dismissal
2. › where
1. applicant was unsuccessful
1. in obtaining summary dismissal
2. › whether costs

Quick Take

The Court ordered the unsuccessful applicant for summary dismissal (Zoetis) to pay the respondent's (Scidera's) costs on a lump sum basis, but declined to order costs payable forthwith or to set off those costs against a prior costs order in Scidera's favour. The Court held that r 40.13 of the Federal Court Rules 2011 establishes a default position that interlocutory costs are not payable until the proceeding concludes, and that Practice Notes IP-2, CPN-1 and GPN-COSTS complement rather than displace that rule. The Court confirmed that an unsuccessful summary dismissal application does not, without more (such as unreasonable conduct, profound waste, or evidence of funding being drained), warrant departure from the usual course.