Nine Films & Television Pty Limited v Ninox Television Limited [2006] FCA 1046

Nine Films & Television Pty Limited v Ninox Television Limited [2006] FCA 1046

It was appropriate to fix costs as a gross sum because the litigation had a lengthy and hard-fought history, taxation would likely be lengthy, expensive and involve substantial further work, and delay would aggravate concerns about the respondents' capacity to meet the costs order. However, the sum claimed was reduced because the case was objectively relatively simple, the hearing lasted only four days, and the amount sought was an excessive proportion of solicitor-client costs. A fair and reasonable gross amount was $650,000, apportioned 75 percent to the Application and 25 percent to the Cross-Claim.

Jurisdiction
Australia
Judgment Date
11 August 2006
Procedural Posture
Costs Application / Application to Fix Costs as a Gross Amount Rather Than Taxation; Application for Leave to Discontinue Claims for Pecuniary Relief
Outcome
Application granted in part; costs fixed at $650,000; leave to discontinue claims for pecuniary relief granted; respondents to pay costs of the application.
Legal Topics
['lump Sum Costs' 'taxation of Costs' 'adjournment' 'discontinuance' 'security for Costs']
['civil Procedure' 'costs'] ['lump Sum Costs' 'taxation of Costs' 'adjournment' 'discontinuance' 'security for Costs']

Case Brief

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Procedural Posture

Costs Application / Application to Fix Costs as a Gross Amount Rather Than Taxation; Application for Leave to Discontinue Claims for Pecuniary Relief

Legal Issues

  1. 1 ["Whether the Court should fix the applicants' costs as a gross amount pursuant to O 62 r 4(2)(c) instead of allowing taxation." "Whether the respondents' application for an adjournment of the costs application should be granted." 'What amount should be fixed as a fair and reasonable gross sum for costs.' 'How the fixed costs should be apportioned between the relevant costs orders.' 'Whether the applicants should be granted leave to discontinue claims for pecuniary relief pursuant to O 62 r 26.']

Ratio Decidendi

It was appropriate to fix costs as a gross sum because the litigation had a lengthy and hard-fought history, taxation would likely be lengthy, expensive and involve substantial further work, and delay would aggravate concerns about the respondents' capacity to meet the costs order. However, the sum claimed was reduced because the case was objectively relatively simple, the hearing lasted only four days, and the amount sought was an excessive proportion of solicitor-client costs. A fair and reasonable gross amount was $650,000, apportioned 75 percent to the Application and 25 percent to the Cross-Claim.

Court Disposition

Application granted in part; costs fixed at $650,000; leave to discontinue claims for pecuniary relief granted; respondents to pay costs of the application.

Orders

  • ['The costs of the applicants be fixed at an amount of $650,000 pursuant to O 62 r 4(2)(c).' 'Of the total amount, the costs payable by the first and third respondents pursuant to Order 4 of the costs order made 30 September 2005 are fixed at a gross sum of $487,500.' 'Costs payable by the first respondent pursuant...