Jack Brabham Engines Limited v Beare [2010] FCA 1096

Jack Brabham Engines Limited v Beare [2010] FCA 1096

The applicants wholly failed in their claims, and the respondents broadly succeeded including on a limited cross-claim. No principled basis was identified to depart from the ordinary rule that costs follow the event. Apportionment or special costs orders were not justified by the applicants' arguments or facts. The respondents are entitled to their costs of the proceeding (including the cross-claim) as agreed or taxed.

Jurisdiction
Australia
Judgment Date
08 October 2010
Procedural Posture
Civil / Post Judgment Costs Determination
Outcome
Applicants ordered to pay respondents' costs of the proceeding (including the cross-claim) as agreed or taxed.
Legal Topics
['costs' 'apportionment of Costs']
['civil Procedure'] ['costs' 'apportionment of Costs']

Case Brief

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Procedural Posture

Civil / Post Judgment Costs Determination

Legal Issues

  1. 1 ["Whether the applicants should pay the respondents' costs of the proceeding including the cross-claim" 'Whether apportionment or departure from the ordinary rule of costs is appropriate']

Ratio Decidendi

The applicants wholly failed in their claims, and the respondents broadly succeeded including on a limited cross-claim. No principled basis was identified to depart from the ordinary rule that costs follow the event. Apportionment or special costs orders were not justified by the applicants' arguments or facts. The respondents are entitled to their costs of the proceeding (including the cross-claim) as agreed or taxed.

Court Disposition

Applicants ordered to pay respondents' costs of the proceeding (including the cross-claim) as agreed or taxed.

Orders

  • ["The applicants pay the respondents' costs of the proceeding (including of the cross-claim) as agreed or taxed."]