Seven Network Limited v News Limited [2007] FCA 2059

Seven Network Limited v News Limited [2007] FCA 2059

A gross sum of $13 million is appropriate as it represents a fair assessment of costs recoverable by Telstra from Seven on a party and party basis, reflecting appropriate reductions for professional fees, unqualified contributors, counsel and expert allowances, consistent with Federal Court Rules and principles established in the authorities.

Jurisdiction
Australia
Judgment Date
20 December 2007
Procedural Posture
Civil / Costs Application Following Final Judgment
Outcome
Application granted in part. Gross sum costs order made for $13 million in favour of Telstra against Seven.
Legal Topics
['costs' 'gross Sum Costs Order' 'taxation of Costs' 'federal Court Rules']
['civil Procedure'] ['costs' 'gross Sum Costs Order' 'taxation of Costs' 'federal Court Rules']

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

Civil / Costs Application Following Final Judgment

Legal Issues

  1. 1 ['What is the appropriate gross sum costs order to be made in favour of Telstra against Seven, and how should that be quantified under O 62 r 4(2)(c) of the Federal Court Rules?']

Ratio Decidendi

A gross sum of $13 million is appropriate as it represents a fair assessment of costs recoverable by Telstra from Seven on a party and party basis, reflecting appropriate reductions for professional fees, unqualified contributors, counsel and expert allowances, consistent with Federal Court Rules and principles established in the authorities.

Court Disposition

Application granted in part. Gross sum costs order made for $13 million in favour of Telstra against Seven.

Orders

  • ["Pursuant to Federal Court Rules, O 62 r 4(2)(c), the third, fifth and sixth respondents ('Telstra') are entitled as against the applicants ('Seven') to a gross sum of $13 million instead of taxed costs." 'Seven pay to Telstra its costs of the proceedings assessed in the sum of $13 million.' 'All subsisting costs...