British American Tobacco (Investments) Ltd v Philip Morris Ltd [1999] FCA 866

British American Tobacco (Investments) Ltd v Philip Morris Ltd [1999] FCA 866

The appropriate order, balancing the merits of each party's position and given the nature of the discovery dispute, is that the applicant pay one half of the costs of the respondent's motions and notice to produce.

Parties
Applicant/cross Respondent: British American Tobacco (Investments) Limited; Respondent/cross Applicant: Philip Morris Limited
Jurisdiction
Australia
Judgment Date
28 June 1999
Procedural Posture
Civil / Costs Determination Following Discovery Motions
Outcome
Applicant ordered to pay one half of the costs of the respondent's motions and notice to produce
Legal Topics
Discovery, Costs
Civil Procedure Discovery Costs

Case Brief

Summary, issues, holding and outcome

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Parties

British American Tobacco (Investments) Limited

Applicant/cross Respondent

Philip Morris Limited

Respondent/cross Applicant

Procedural Posture

Civil / Costs Determination Following Discovery Motions

Legal Issues

  1. 1 Whether the respondent is entitled to costs of its motions and notice to produce relating to discovery issues

Ratio Decidendi

The appropriate order, balancing the merits of each party's position and given the nature of the discovery dispute, is that the applicant pay one half of the costs of the respondent's motions and notice to produce.

Court Disposition

Applicant ordered to pay one half of the costs of the respondent's motions and notice to produce

Orders

  • The applicant pay one half of the costs of the respondent of its motions, notice of which was filed on 27 July 1998 and amended notice of which was filed on 8 October 1998, and its notice to produce, served on 15 July 1998.