Freedom Foods Pty Ltd v Blue Diamond Growers (No 2) [2021] FCA 409

Freedom Foods Pty Ltd v Blue Diamond Growers (No 2) [2021] FCA 409

As the respondent was substantially successful in both interlocutory applications, the usual rule that costs follow the event should be applied, and the applicants should pay the respondent's costs of and incidental to the interlocutory applications. No order as to costs is appropriate for other aspects of the proceeding given the early stage and absence of adjudication on the merits.

Jurisdiction
Australia
Judgment Date
23 April 2021
Procedural Posture
Commercial Contracts Dispute Costs Proceedings Following Stay for International Arbitration / Costs Determination After Interlocutory Applications and Stay Order
Outcome
Costs orders made as specified; applicants to pay respondent's costs of interlocutory applications; no order as to other costs; costs to be fixed by lump sum.
Legal Topics
['costs' 'stay of Proceedings' 'international Arbitration']
['practice and Procedure' 'arbitration Law'] ['costs' 'stay of Proceedings' 'international Arbitration']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Commercial Contracts Dispute Costs Proceedings Following Stay for International Arbitration / Costs Determination After Interlocutory Applications and Stay Order

Legal Issues

  1. 1 ['Whether costs should follow the event where respondent substantially successful in interlocutory applications' 'Whether costs should be apportioned or there be no order as to costs for certain stages of the proceeding' 'Whether costs should be fixed by lump sum']

Ratio Decidendi

As the respondent was substantially successful in both interlocutory applications, the usual rule that costs follow the event should be applied, and the applicants should pay the respondent's costs of and incidental to the interlocutory applications. No order as to costs is appropriate for other aspects of the proceeding given the early stage and absence of adjudication on the merits.

Court Disposition

Costs orders made as specified; applicants to pay respondent's costs of interlocutory applications; no order as to other costs; costs to be fixed by lump sum.

Orders

  • ["Applicants pay respondent's costs of and incidental to the applicants' interlocutory application dated 20 November 2020 and respondent's application dated 15 December 2020, including reserved costs on 24 December 2020, 5 February 2021, and 10 February 2021." 'No order as to costs for other aspects of the...