Rose v Essential Energy (No 2) [2020] FCA 347

Rose v Essential Energy (No 2) [2020] FCA 347

Because Essential Energy took an adversarial approach, contesting all elements of the application, it should pay the applicants' costs of the application for preliminary discovery. However, as preliminary discovery is an extraordinary and potentially costly process, the applicants should pay the respondent's reasonable costs and expenses of providing the discovery, pursuant to r 7.29(b) of the Federal Court Rules.

Jurisdiction
Australia
Judgment Date
17 March 2020
Procedural Posture
Application for Preliminary Discovery / Costs Decision Following Successful Preliminary Discovery Application
Outcome
Application for preliminary discovery successful; costs of the application awarded to applicants; costs of providing discovery awarded to respondent.
Legal Topics
['preliminary Discovery' 'costs Orders' 'federal Court Procedure']
['civil Procedure' 'commercial Law'] ['preliminary Discovery' 'costs Orders' 'federal Court Procedure']

Case Brief

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Procedural Posture

Application for Preliminary Discovery / Costs Decision Following Successful Preliminary Discovery Application

Legal Issues

  1. 1 ['What is the appropriate costs order following a successful application for preliminary discovery under r 7.23 of the Federal Court Rules 2011 (Cth)?' 'Should the applicants or respondent bear the costs of providing discovery?']

Ratio Decidendi

Because Essential Energy took an adversarial approach, contesting all elements of the application, it should pay the applicants' costs of the application for preliminary discovery. However, as preliminary discovery is an extraordinary and potentially costly process, the applicants should pay the respondent's reasonable costs and expenses of providing the discovery, pursuant to r 7.29(b) of the Federal Court Rules.

Court Disposition

Application for preliminary discovery successful; costs of the application awarded to applicants; costs of providing discovery awarded to respondent.

Orders

  • ["The prospective applicants are to pay the prospective respondent's reasonable costs and expenses of providing discovery and production in accordance with Orders 1, 2 and 3 of the Orders made on 14 February 2020." "The prospective respondent is to pay the prospective applicants' costs of the application for...