Australian Competition & Consumer Commission v IMB Group Pty Ltd (ACN 050 411 946) [2002] FCA 886

Australian Competition & Consumer Commission v IMB Group Pty Ltd (ACN 050 411 946) [2002] FCA 886

As both sides achieved success on some issues and failed on others, costs should be apportioned according to the issues litigated. The Commission and respondents are each entitled to recover costs for those issues on which they succeeded. All costs to be taxed on a party-and-party basis, and respondents who were self-represented are limited to reasonable outlays for legal service and cannot recover compensation for their own time.

Jurisdiction
Australia
Judgment Date
16 July 2002
Procedural Posture
Costs Application Following Judgment / Post Trial Costs Determination
Outcome
Costs apportioned according to issue success; applicant and respondents each recover costs on issues they succeeded in; all costs taxed party-and-party; consideration of costs as to first and third respondents adjourned.
Legal Topics
['costs Apportionment' 'party and Party Basis' 'litigation Costs for Self Represented Parties' 'public Interest Litigation']
['trade Practices' 'competition Law' 'civil Procedure'] ['costs Apportionment' 'party and Party Basis' 'litigation Costs for Self Represented Parties' 'public Interest Litigation']

Case Brief

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Procedural Posture

Costs Application Following Judgment / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether the applicant or respondents are entitled to costs of proceedings given partial success on discrete issues' 'Whether costs should be apportioned according to issues litigated' 'Whether respondents are entitled to indemnity costs or party-and-party costs' 'Whether compensation for time spent by self-represented litigants can be recovered under costs orders']

Ratio Decidendi

As both sides achieved success on some issues and failed on others, costs should be apportioned according to the issues litigated. The Commission and respondents are each entitled to recover costs for those issues on which they succeeded. All costs to be taxed on a party-and-party basis, and respondents who were self-represented are limited to reasonable outlays for legal service and cannot recover compensation for their own time.

Court Disposition

Costs apportioned according to issue success; applicant and respondents each recover costs on issues they succeeded in; all costs taxed party-and-party; consideration of costs as to first and third respondents adjourned.

Orders

  • ['The applicant recover from the fourth to tenth and twelfth respondents its costs of litigating the issues raised by its case as pleaded in respect of which declarations 3, 6 and 7 were made.' 'The applicant recover from those same respondents its costs of and incidental to the notice of motion filed by the...