College of Law Limited v Australian National University (No 2) [2013] FCA 550

College of Law Limited v Australian National University (No 2) [2013] FCA 550

The applicant was ordered to pay 90 percent of the respondent's costs of both interlocutory applications because the respondent was substantially successful in both matters, but a modest adjustment was appropriate to reflect the respondent's concessions on three previously privileged documents, the finding on part of document 45, and the respondent's narrowing of discovery categories 3 and 7.

Jurisdiction
Australia
Judgment Date
05 June 2013
Procedural Posture
Interlocutory Applications Regarding Privilege and Discovery; Costs / Costs Determination and Further Orders Following Judgment Delivered on 23 May 2013, Determined on the Papers
Outcome
The applicant was ordered to pay 90 percent of the respondent's costs of both interlocutory applications; the privilege and discovery applications were otherwise dismissed to the extent stated, with production, discovery, timetable and directions orders made.
Legal Topics
['apportionment of Costs' 'discovery' 'privilege' 'interlocutory Applications']
['civil Procedure' 'costs'] ['apportionment of Costs' 'discovery' 'privilege' 'interlocutory Applications']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Applications Regarding Privilege and Discovery; Costs / Costs Determination and Further Orders Following Judgment Delivered on 23 May 2013, Determined on the Papers

Legal Issues

  1. 1 ["What costs order should be made for the applicant's interlocutory application regarding privilege and the respondent's interlocutory application regarding discovery in light of the parties' mixed success." 'Whether further orders and directions should be made concerning the future conduct of the proceedings.']

Ratio Decidendi

The applicant was ordered to pay 90 percent of the respondent's costs of both interlocutory applications because the respondent was substantially successful in both matters, but a modest adjustment was appropriate to reflect the respondent's concessions on three previously privileged documents, the finding on part of document 45, and the respondent's narrowing of discovery categories 3 and 7.

Court Disposition

The applicant was ordered to pay 90 percent of the respondent's costs of both interlocutory applications; the privilege and discovery applications were otherwise dismissed to the extent stated, with production, discovery, timetable and directions orders made.

Orders

  • ["The respondent produce for inspection by the applicant the parts of document 45 of the respondent's List of Documents, as referred to at paragraph 32 of the reasons for judgment dated 23 May 2013, comprising copies of extracts from both the agenda for the Council Meetings for 9 December 2005 and the Minutes of the...