Fewin Pty Ltd v Burke (No 3) [2017] FCA 693

Fewin Pty Ltd v Burke (No 3) [2017] FCA 693

In the circumstances, given the applicants' conduct, the evidence supporting quantum, the lack of contrary evidence, and the discretionary powers for lump sum costs orders, the Court determined it was appropriate to make lump sum costs orders as sought by the respondents and Inspector-General, with quantification fixed at the amounts identified.

Jurisdiction
Australia
Judgment Date
23 June 2017
Procedural Posture
Application for Lump Sum Costs Order / Post Trial Costs Determination
Outcome
Applications for lump sum costs orders allowed.
Legal Topics
['costs' 'lump Sum Costs Orders' 'indemnity Costs' 'party and Party Costs']
['civil Procedure'] ['costs' 'lump Sum Costs Orders' 'indemnity Costs' 'party and Party Costs']

Case Brief

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

Application for Lump Sum Costs Order / Post Trial Costs Determination

Legal Issues

  1. 1 ['Whether the Court should exercise discretion to make lump sum costs orders' "Whether orders made by consent for costs to be paid 'as agreed or taxed' preclude a lump sum costs order" 'Whether quantum claimed by respondents is logical, fair and reasonable']

Ratio Decidendi

In the circumstances, given the applicants' conduct, the evidence supporting quantum, the lack of contrary evidence, and the discretionary powers for lump sum costs orders, the Court determined it was appropriate to make lump sum costs orders as sought by the respondents and Inspector-General, with quantification fixed at the amounts identified.

Court Disposition

Applications for lump sum costs orders allowed.

Orders

  • ["First Respondent's costs fixed at $84,280.21 inclusive of GST, payable by applicants." "Second Respondent's costs fixed at $63,865, payable by applicants." "Third Respondent's costs fixed at $189,888, payable by applicants." "Inspector-General's costs fixed at $21,635, payable by applicants."]