WM Wrigley JR Company v Cadbury Schweppes Proprietary Limited [2006] FCA 1186

WM Wrigley JR Company v Cadbury Schweppes Proprietary Limited [2006] FCA 1186

The existence of unresolved challenges to the claimed costs and insufficient material to determine the appropriate sum fairly and confidently meant a gross sum costs order could not be made; taxation was the appropriate course.

Jurisdiction
Australia
Judgment Date
04 September 2006
Procedural Posture
Costs Application / Post Judgment Motion for Gross Sum Order
Outcome
Application dismissed
Legal Topics
['costs' 'gross Sum Costs Order' 'order 62 Rule 4(2)(c)']
['civil Procedure'] ['costs' 'gross Sum Costs Order' 'order 62 Rule 4(2)(c)']

Case Brief

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Procedural Posture

Costs Application / Post Judgment Motion for Gross Sum Order

Legal Issues

  1. 1 ['Whether a gross sum costs order should be made under Order 62 rule 4(2)(c)']

Ratio Decidendi

The existence of unresolved challenges to the claimed costs and insufficient material to determine the appropriate sum fairly and confidently meant a gross sum costs order could not be made; taxation was the appropriate course.

Court Disposition

Application dismissed

Orders

  • ['The motion notice filed on 3 August 2006 is dismissed.' "The respondent pay the applicant's costs of the motion."]