Byrnes v Jokona Pty Ltd [2002] FCA 121

Byrnes v Jokona Pty Ltd [2002] FCA 121

The applicants were substantially successful, but the conduct and presentation of their case lengthened and complicated proceedings, justifying an order that the respondent pay two thirds of the applicants' costs rather than all costs.

Jurisdiction
Australia
Judgment Date
22 February 2002
Procedural Posture
Costs Application Subsequent to Judgment / Post Judgment; Costs Determination
Outcome
Respondent to pay two thirds of applicants' costs of the whole proceedings.
Legal Topics
['award of Costs' 'apportionment of Costs' 'costs Following the Event']
['civil Procedure' 'costs'] ['award of Costs' 'apportionment of Costs' 'costs Following the Event']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Costs Application Subsequent to Judgment / Post Judgment; Costs Determination

Legal Issues

  1. 1 ['Whether applicants should have all, part, or none of their costs.' 'Appropriate apportionment of costs given conduct of proceedings and manner of evidence.']

Ratio Decidendi

The applicants were substantially successful, but the conduct and presentation of their case lengthened and complicated proceedings, justifying an order that the respondent pay two thirds of the applicants' costs rather than all costs.

Court Disposition

Respondent to pay two thirds of applicants' costs of the whole proceedings.

Orders

  • ['Order 4 of the orders pronounced on 31 January 2002 be vacated.' 'The respondent pay two thirds of the costs of the applicants of the whole proceedings.']