Watson v AWB Limited [2009] FCA 215

Watson v AWB Limited [2009] FCA 215

The respondent's abandonment of its Notice of Motion could not be attributed to the applicants in the manner contended by the respondent. Although the respondent succeeded in forcing the applicants to address an obvious defect in the definition of Group Members, most work on the Motion concerned the common questions issue, on which the applicants succeeded in substance because the respondent abandoned those arguments and the relief based on them. A single percentage costs order was therefore appropriate, requiring the respondent to pay 80 per cent of the applicants' costs of and incidental to the Motion.

Jurisdiction
Australia
Judgment Date
10 March 2009
Procedural Posture
Part IVA Representative Proceeding; Interlocutory Costs Application / Costs Determination After the Respondent Abandoned Its Notice of Motion Filed on 12 December 2008 Seeking That the Proceeding No Longer Continue as a Representative Proceeding
Outcome
Respondent ordered to pay 80 per cent of the applicants' costs of and incidental to the abandoned Notice of Motion.
Legal Topics
['costs Discretion' 'abandoned Notice of Motion' 'part IVA Representative Proceedings' 'declassification Under S 33 N' 'group Member Definition' 'common Questions and Non Common Questions']
['costs' 'civil Procedure' 'representative Proceedings' 'securities Litigation'] ['costs Discretion' 'abandoned Notice of Motion' 'part IVA Representative Proceedings' 'declassification Under S 33 N' 'group Member Definition' 'common Questions and Non Common Questions']

Case Brief

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Procedural Posture

Part IVA Representative Proceeding; Interlocutory Costs Application / Costs Determination After the Respondent Abandoned Its Notice of Motion Filed on 12 December 2008 Seeking That the Proceeding No Longer Continue as a Representative Proceeding

Legal Issues

  1. 1 ["Whether the respondent should pay the applicants' costs of and incidental to the abandoned Notice of Motion filed on 12 December 2008." "Whether the applicants' proposed amendment to the definition of Group Members justified the respondent's abandonment of the Motion and affected the appropriate costs order." 'Whether the outcome on the Motion was, in substance, mixed because the respondent succeeded on the group definition issue but abandoned the common questions issue.']

Ratio Decidendi

The respondent's abandonment of its Notice of Motion could not be attributed to the applicants in the manner contended by the respondent. Although the respondent succeeded in forcing the applicants to address an obvious defect in the definition of Group Members, most work on the Motion concerned the common questions issue, on which the applicants succeeded in substance because the respondent abandoned those arguments and the relief based on them. A single percentage costs order was therefore appropriate, requiring the respondent to pay 80 per cent of the applicants' costs of and incidental to the Motion.

Court Disposition

Respondent ordered to pay 80 per cent of the applicants' costs of and incidental to the abandoned Notice of Motion.

Orders

  • ["The respondent pay 80 per cent of the applicants' costs of and incidental to the respondent's Notice of Motion filed on 12 December 2008, which costs are to include the costs incurred by the applicants in respect of retaining Counsel and one solicitor in respect of one hour of the hearing before the Court on 9...