Caltex Petroleum Pty Ltd v Charben Haulage Pty Ltd [2006] FCAFC 74

Caltex Petroleum Pty Ltd v Charben Haulage Pty Ltd [2006] FCAFC 74

Although each appellant was successful, costs were apportioned due to the conduct and preparation of the appeals, notably EES's inadequate Notice of Appeal and submissions which resulted in wasted hearing time, justifying a substantial reduction in costs awarded against Charben; 80 percent of costs awarded to the...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
19 May 2006
Procedural Posture
Appeal / Costs Determination After Appeals
Outcome
costs orders granted, apportioned between parties
Legal Topics
['costs' 'appeals' 'apportionment of Costs']
['practice and Procedure'] ['costs' 'appeals' 'apportionment of Costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Appeal / Costs Determination After Appeals

Legal Issues

  1. 1 ['Whether the conduct of a successful party in appeal justifies departure from the general rule that costs follow the event.' 'Whether apportionment of costs is appropriate due to unsatisfactory conduct and wasted hearing time.']

Ratio Decidendi

Although each appellant was successful, costs were apportioned due to the conduct and preparation of the appeals, notably EES's inadequate Notice of Appeal and submissions which resulted in wasted hearing time, justifying a substantial reduction in costs awarded against Charben; 80 percent of costs awarded to the successful party, with the remainder apportioned as warranted.

Court Disposition

costs orders granted, apportioned between parties

Orders

  • ['Charben Haulage Pty Ltd pay 80 percent of the costs of Caltex Petroleum Pty Ltd on the Caltex appeal.' 'Environment & Earth Sciences Pty Ltd pay 20 percent of the costs of Caltex Petroleum Pty Ltd on that appeal.' 'Charben pay the costs of Caltex on the hearing below.' "Caltex pay Charben's cost of the Caltex...