Telstra Corporation Limited v Phone Directories Company Pty Ltd [2011] FCA 1463

Telstra Corporation Limited v Phone Directories Company Pty Ltd [2011] FCA 1463

A lump sum gross costs order of $326,931.75 best reflects 75% of the party and party fees and disbursements claimed for the relevant period, using a discount well within the appropriate range in light of the particular circumstances, competing expert opinion, and comparable case law.

Jurisdiction
Australia
Judgment Date
14 December 2011
Procedural Posture
Application for Gross Costs Sum Order / Costs Determination Following Substantive Proceedings
Outcome
Gross costs sum order granted for the period 16 June 2009 to 8 February 2010.
Legal Topics
['costs' 'gross Sum Costs Order' 'party and Party Costs']
['civil Procedure'] ['costs' 'gross Sum Costs Order' 'party and Party Costs']

Case Brief

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Procedural Posture

Application for Gross Costs Sum Order / Costs Determination Following Substantive Proceedings

Legal Issues

  1. 1 ["What is the appropriate gross sum to be ordered for the respondents' costs for the specified period?" 'What is the correct discount to be applied to the recoverable costs under a gross sum costs order?']

Ratio Decidendi

A lump sum gross costs order of $326,931.75 best reflects 75% of the party and party fees and disbursements claimed for the relevant period, using a discount well within the appropriate range in light of the particular circumstances, competing expert opinion, and comparable case law.

Court Disposition

Gross costs sum order granted for the period 16 June 2009 to 8 February 2010.

Orders

  • ["Applicants to pay the respondents' costs by way of a gross costs sum order for the period from 16 June 2009 to 8 February 2010 inclusive, in the sum of $326,931.75 pursuant to r 40.02(b) of the Federal Court Rules 2011." 'Costs of the interlocutory application be reserved.']