Aristocrat Technologies Australia Pty Ltd v DAP Services (Kempsey) Pty Ltd (in liquidation) [2006] FCA 487

Aristocrat Technologies Australia Pty Ltd v DAP Services (Kempsey) Pty Ltd (in liquidation) [2006] FCA 487

The applicants are entitled to a general costs order as costs follow the event, except that costs recoverable against the third respondent (where damages were less than $100,000) are limited to two-thirds per Order 62 rule 36A(1). All costs associated with the expert report or evidence of Stuart Robertson are excluded as the opinions were unsupported by evidence and it was unreasonable to incur those costs.

Jurisdiction
Australia
Judgment Date
05 May 2006
Procedural Posture
Civil / Costs Judgment Following Judgment on Liability and Damages
Outcome
General costs order for applicants, excluding costs relating to expert report; costs against third respondent limited to two-thirds.
Legal Topics
['costs Orders' 'expert Evidence' 'federal Court Rules']
['practice and Procedure'] ['costs Orders' 'expert Evidence' 'federal Court Rules']

Case Brief

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Procedural Posture

Civil / Costs Judgment Following Judgment on Liability and Damages

Legal Issues

  1. 1 ['Whether a partial costs order should be made due to discrepancy between damages awarded and amount claimed' "Whether costs associated with expert evidence should be excluded when the expert's opinions were unsupported by evidence"]

Ratio Decidendi

The applicants are entitled to a general costs order as costs follow the event, except that costs recoverable against the third respondent (where damages were less than $100,000) are limited to two-thirds per Order 62 rule 36A(1). All costs associated with the expert report or evidence of Stuart Robertson are excluded as the opinions were unsupported by evidence and it was unreasonable to incur those costs.

Court Disposition

General costs order for applicants, excluding costs relating to expert report; costs against third respondent limited to two-thirds.

Orders

  • ["Respondents to pay applicants' costs of the proceeding, including any reserved costs, but excluding all costs associated with the report or evidence of Stuart Robertson of Ernst and Young, Chartered Accountants." 'Order enforceable against third respondent only to the extent of two-thirds of the said costs, as...