Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107

Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107

Given that much of the evidence and work at trial related to the single successful cause of action, a fair order is that the respondent pay 70% of the appellant's costs of the trial and all (or, per Rares J, 70%) of the appellant's costs of the appeal.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 June 2008
Procedural Posture
Appeal / Costs Ruling Following Appeal
Outcome
Appellant awarded 70% of trial costs and costs of the appeal; per Rares J, 70% of trial and appeal costs.
Legal Topics
['costs' 'apportionment of Costs' 'discretion of the Court in Costs Orders']
['civil Procedure'] ['costs' 'apportionment of Costs' 'discretion of the Court in Costs Orders']

Source-derived case record

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

Appeal / Costs Ruling Following Appeal

Legal Issues

  1. 1 ['Whether costs should follow the event where the appellant was not successful on all issues' 'Whether it is appropriate to apportion costs on an issue-by-issue basis']

Ratio Decidendi

Given that much of the evidence and work at trial related to the single successful cause of action, a fair order is that the respondent pay 70% of the appellant's costs of the trial and all (or, per Rares J, 70%) of the appellant's costs of the appeal.

Court Disposition

Appellant awarded 70% of trial costs and costs of the appeal; per Rares J, 70% of trial and appeal costs.

Orders

  • ["The respondent pay 70 per cent of the appellant's costs of the trial." "The respondent pay the appellant's costs of the appeal."]