Clean Energy Regulator v MT Solar Pty Ltd (No 3) [2013] FCA 1326

Clean Energy Regulator v MT Solar Pty Ltd (No 3) [2013] FCA 1326

A lump sum costs order was appropriate in this case to promote efficiency and fairness, avoid unnecessary expense from taxing costs, and reflect the respondents' respective responsibility for incurring costs. The apportionment proposed by the applicant was reasonable given the circumstances, participation level, and admissions or lack thereof by the respondents.

Parties
Applicant: Clean Energy Regulator; First Respondent: MT Solar Pty Ltd (ACN 143 322 089); Second Respondent: Green Master Building Solutions Pty Ltd (ACN 146 546 349); Third Respondent: Bo Liu; Fourth Respondent: Yongxin Zhu; Fifth Respondent: Barry Eli Kibblewhite
Jurisdiction
Australia
Judgment Date
05 December 2013
Procedural Posture
Civil Enforcement Proceeding / Post Judgment; Costs Determination on Interlocutory Application
Outcome
Lump sum costs order granted; costs apportioned among respondents as specified; payment by instalments for fourth respondent.
Legal Topics
Costs, Enforcement of Orders, Renewable Energy Regulation
Civil Procedure Administrative Law Costs Enforcement of Orders Renewable Energy Regulation

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Parties

Clean Energy Regulator

Applicant

MT Solar Pty Ltd (ACN 143 322 089)

First Respondent

Green Master Building Solutions Pty Ltd (ACN 146 546 349)

Second Respondent

Bo Liu

Third Respondent

Yongxin Zhu

Fourth Respondent

Barry Eli Kibblewhite

Fifth Respondent

Procedural Posture

Civil Enforcement Proceeding / Post Judgment; Costs Determination on Interlocutory Application

Legal Issues

  1. 1 Whether lump sum costs should be awarded to the applicant for enforcement proceedings
  2. 2 Whether lump sum costs should be apportioned among respondents and in what manner

Ratio Decidendi

A lump sum costs order was appropriate in this case to promote efficiency and fairness, avoid unnecessary expense from taxing costs, and reflect the respondents' respective responsibility for incurring costs. The apportionment proposed by the applicant was reasonable given the circumstances, participation level, and admissions or lack thereof by the respondents.

Court Disposition

Lump sum costs order granted; costs apportioned among respondents as specified; payment by instalments for fourth respondent.

Orders

  • The applicant's costs awarded in a lump sum of $193,900, apportioned as follows: $39,600 by the first respondent; $39,800 by the second respondent; $40,500 by the third respondent; $15,000 by the fourth respondent; $59,000 by the fifth respondent.
  • The amount of $15,000 ordered against the fourth respondent to be paid by instalments: $10,000 on or before 31 December 2013; $5,000 on or before 30 June 2014.