TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] FCA 955

TFM Epping Land Pty Ltd v Decon Australia Pty Ltd [2020] FCA 955

Not all costs claimed by Decon constitute costs 'thrown away' by reason of the adjournment. The quantifiable amount, based on the Court's judgment and available evidence, is $13,034 excluding GST, reflecting $2,854 for solicitors' fees and $10,180 for counsel's fees for one day and relevant preparation, as properly allowable on a party/party basis.

Parties
First Plaintiff: TFM Epping Land Pty Ltd; Second Plaintiff: Katoomba Residence Investments Pty Ltd; Defendant: Decon Australia Pty Ltd
Jurisdiction
Australia
Judgment Date
08 July 2020
Procedural Posture
Application for Quantification of Costs Thrown Away / Post Adjournment Costs Quantification
Outcome
Application allowed in part. Costs quantified at lesser sum than claimed.
Legal Topics
Costs Orders, Lump Sum Costs, Adjournment, Quantification of Costs
Civil Procedure Litigation Costs Orders Lump Sum Costs Adjournment Quantification of Costs

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Parties

TFM Epping Land Pty Ltd

First Plaintiff

Katoomba Residence Investments Pty Ltd

Second Plaintiff

Decon Australia Pty Ltd

Defendant

Procedural Posture

Application for Quantification of Costs Thrown Away / Post Adjournment Costs Quantification

Legal Issues

  1. 1 Whether the claimed costs are costs 'thrown away' by reason of the adjournment
  2. 2 Whether the costs can be properly quantified based on the evidence

Ratio Decidendi

Not all costs claimed by Decon constitute costs 'thrown away' by reason of the adjournment. The quantifiable amount, based on the Court's judgment and available evidence, is $13,034 excluding GST, reflecting $2,854 for solicitors' fees and $10,180 for counsel's fees for one day and relevant preparation, as properly allowable on a party/party basis.

Court Disposition

Application allowed in part. Costs quantified at lesser sum than claimed.

Orders

  • The costs payable to the defendant pursuant to Order 2 made on 2 June 2020 are quantified in the sum of $13,034 excluding GST.
  • Each party pay their own costs of this application.