Gebadi v Woosup (No 3) [2020] FCA 403

Gebadi v Woosup (No 3) [2020] FCA 403

The costs assessment was prepared on a party and party basis in accordance with the Federal Court scale, was supported by affidavit evidence, and there was no basis to require the applicants to incur further expenditure on the costs question. Although Mr Woosup raised financial hardship and personal circumstances, those matters were not relevant to fixing the costs payable under the earlier order. The Court therefore fixed the costs at $197,897.49.

Jurisdiction
Australia
Judgment Date
20 March 2020
Procedural Posture
Interlocutory Application to Fix Quantum of Costs / Ex Tempore Reasons for Judgment on Costs Application
Outcome
Application granted; costs payable by the respondents fixed at $197,897.49.
Legal Topics
['fixing Quantum of Costs' 'party and Party Costs' 'federal Court Scale of Fees and Charges' 'fiduciary Duties Owed to Native Title Claim Group']
['equity' 'costs' 'native Title'] ['fixing Quantum of Costs' 'party and Party Costs' 'federal Court Scale of Fees and Charges' 'fiduciary Duties Owed to Native Title Claim Group']

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Procedural Posture

Interlocutory Application to Fix Quantum of Costs / Ex Tempore Reasons for Judgment on Costs Application

Legal Issues

  1. 1 ['Whether the costs payable by the respondents pursuant to Order 7 made on 7 December 2017 should be fixed at $197,897.49.' "Whether the applicants' assessed party and party costs were properly payable notwithstanding Mr Woosup's personal and financial circumstances."]

Ratio Decidendi

The costs assessment was prepared on a party and party basis in accordance with the Federal Court scale, was supported by affidavit evidence, and there was no basis to require the applicants to incur further expenditure on the costs question. Although Mr Woosup raised financial hardship and personal circumstances, those matters were not relevant to fixing the costs payable under the earlier order. The Court therefore fixed the costs at $197,897.49.

Court Disposition

Application granted; costs payable by the respondents fixed at $197,897.49.

Orders

  • ['The cost payable by the respondents pursuant to Order 7 made on 7 December 2017 be fixed at $197,897.49.']