Foster's Australia Limited v Cash's (Australia) Pty Ltd [2013] FCA 730

Foster's Australia Limited v Cash's (Australia) Pty Ltd [2013] FCA 730

CUB was entirely successful on the Separate Questions, which dealt with discrete issues and determined substantive rights. No relevant special circumstances were established: CUB did not fail on significant issues, its conduct of the proceeding was not discreditable or productive of unnecessary litigation, and its conduct concerning the patents and designs applications did not justify or substantially induce the Separate Questions litigation. Given the substantial costs incurred and the likelihood that the proceeding would not be fully resolved before late 2014, the interests of justice required that CUB be able to have its costs taxed without delay.

Jurisdiction
Australia
Judgment Date
25 July 2013
Procedural Posture
Costs of Separate Questions / Determined on the Papers After Determination of Separate Questions
Outcome
Orders made that the respondent/cross-claimant pay the applicant/cross-respondent's costs of and incidental to the determination of the Separate Questions forthwith, to be taxed in default of agreement.
Legal Topics
['costs Follow the Event' 'separate Questions' 'costs Payable Forthwith' 'special Circumstances']
['civil Procedure' 'costs'] ['costs Follow the Event' 'separate Questions' 'costs Payable Forthwith' 'special Circumstances']

Case Brief

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Procedural Posture

Costs of Separate Questions / Determined on the Papers After Determination of Separate Questions

Legal Issues

  1. 1 ["Whether the respondent/cross-claimant should pay the applicant/cross-respondent's costs of and incidental to the determination of the Separate Questions." 'Whether those costs should be payable forthwith, to be taxed in default of agreement.' "Whether there should be no order for costs or costs in the cause because of alleged special circumstances arising from CUB's conduct."]

Ratio Decidendi

CUB was entirely successful on the Separate Questions, which dealt with discrete issues and determined substantive rights. No relevant special circumstances were established: CUB did not fail on significant issues, its conduct of the proceeding was not discreditable or productive of unnecessary litigation, and its conduct concerning the patents and designs applications did not justify or substantially induce the Separate Questions litigation. Given the substantial costs incurred and the likelihood that the proceeding would not be fully resolved before late 2014, the interests of justice required that CUB be able to have its costs taxed without delay.

Court Disposition

Orders made that the respondent/cross-claimant pay the applicant/cross-respondent's costs of and incidental to the determination of the Separate Questions forthwith, to be taxed in default of agreement.

Orders

  • ['The respondent/cross-claimant pay the costs of the applicant/cross-respondent of and incidental to the determination of the separate questions the subject of the orders made by the Court on 29 May 2013.' 'The respondent/cross-claimant pay the costs referred to in Order 1 forthwith, to be taxed in default of...