Australia China Business Bureau Pty Ltd v MCP Australia Pty Ltd [2003] FCA 1121

Australia China Business Bureau Pty Ltd v MCP Australia Pty Ltd [2003] FCA 1121

ACBB was not partially successful on discrete issues and showed no sufficient cause to depart from the ordinary practice that costs follow the event, so it had to pay the respondents' costs. The cross claimant failed in its cross claim and had to pay the cross respondents' costs. ACBB was not ordered to bear the cross claim costs because it had no involvement in the subject matter of the cross claim, the cross claim was based on discrete causes of action and conduct not involving ACBB, and a core factual premise of the cross claim failed.

Jurisdiction
Australia
Judgment Date
20 October 2003
Procedural Posture
Practice and Procedure Costs / Costs Orders After ACBB Failed in Its Claim and Sullivans Failed in Its Cross Claim
Outcome
ACBB ordered to pay the respondents' costs of the proceedings; the cross claimants ordered to pay the cross respondents' costs of the cross claim.
Legal Topics
['apportionment of Costs by Issues' 'costs Follow the Event' 'costs of Cross Claim' 'security for Costs']
['practice and Procedure' 'costs'] ['apportionment of Costs by Issues' 'costs Follow the Event' 'costs of Cross Claim' 'security for Costs']

Case Brief

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Procedural Posture

Practice and Procedure Costs / Costs Orders After ACBB Failed in Its Claim and Sullivans Failed in Its Cross Claim

Legal Issues

  1. 1 ['Whether costs should be apportioned on the basis of how issues were determined.' 'Whether the Court should exercise its discretion to apportion costs according to success or failure of one party or the other.' "Whether ACBB should pay the respondents' costs of the proceedings." "Whether the cross claimant should pay the cross respondents' costs of the cross claim." 'Whether ACBB should reimburse the cross claimant for costs payable to the cross respondents.']

Ratio Decidendi

ACBB was not partially successful on discrete issues and showed no sufficient cause to depart from the ordinary practice that costs follow the event, so it had to pay the respondents' costs. The cross claimant failed in its cross claim and had to pay the cross respondents' costs. ACBB was not ordered to bear the cross claim costs because it had no involvement in the subject matter of the cross claim, the cross claim was based on discrete causes of action and conduct not involving ACBB, and a core factual premise of the cross claim failed.

Court Disposition

ACBB ordered to pay the respondents' costs of the proceedings; the cross claimants ordered to pay the cross respondents' costs of the cross claim.

Orders

  • ["ACBB pay the respondents' costs of the proceedings." "The cross claimants pay the cross respondents' costs of the cross claim."]