IMAK International Pty Limited v WDN Exports Pty Limited [2008] FCA 179

IMAK International Pty Limited v WDN Exports Pty Limited [2008] FCA 179

The order was intended to give the applicant costs on a solicitor-client basis, not the party-party basis, but not a complete indemnity; the bill should be taxed on a solicitor-client basis, meaning only reasonably charged costs are recoverable.

Parties
Plaintiff: IMAK International Pty Limited; First Defendant: WDN Exports Pty Ltd; Second Defendant: Anthony John Williams; Third Defendant: Jonathan Paul Nichols
Jurisdiction
Australia
Judgment Date
08 February 2008
Procedural Posture
Costs Application / Post Judgment, Costs Order and Clarification
Outcome
Clarification; no further order required. Costs to be taxed on a solicitor-client basis.
Legal Topics
Costs, Basis of Costs Assessment, Solicitor Client Costs, Party Party Costs
Civil Procedure Costs Basis of Costs Assessment Solicitor Client Costs Party Party Costs

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Parties

IMAK International Pty Limited

Plaintiff

WDN Exports Pty Ltd

First Defendant

Anthony John Williams

Second Defendant

Jonathan Paul Nichols

Third Defendant

Procedural Posture

Costs Application / Post Judgment, Costs Order and Clarification

Legal Issues

  1. 1 What was the intended basis for the assessment of costs ordered on 22 August 2006?
  2. 2 Should the costs be assessed on a party-party basis or solicitor-client basis?

Ratio Decidendi

The order was intended to give the applicant costs on a solicitor-client basis, not the party-party basis, but not a complete indemnity; the bill should be taxed on a solicitor-client basis, meaning only reasonably charged costs are recoverable.

Court Disposition

Clarification; no further order required. Costs to be taxed on a solicitor-client basis.

Orders

  • The costs of the motion of 8 January 2008 be treated as the costs of the motion as referred to in paragraph 2 of the Order of 22 August 2006.