J H Lever & Co Pty Ltd v Maniotis (No 2) [2006] FCA 1830

J H Lever & Co Pty Ltd v Maniotis (No 2) [2006] FCA 1830

The Court, taking a conservative approach based on the nature of costs recoverable on a party and party basis and the available information, ordered the respondents' recoverable costs be fixed in a gross sum of $250,000 as an interim order.

Parties
Applicant: J H Lever & Co Pty Ltd; First Respondent: Con Maniotis; Second Respondent: Taste Master Pty Ltd; Third Respondent: Andrew Fotheringham; Fourth Respondent: Brett Copping
Jurisdiction
Australia
Judgment Date
20 December 2006
Procedural Posture
Motion for Costs / Post Judgment, Cost Order
Outcome
Interim gross sum costs order made in favour of the respondents against the applicant.

Case Brief

Summary, issues, holding and outcome

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Parties

J H Lever & Co Pty Ltd

Applicant

Con Maniotis

First Respondent

Taste Master Pty Ltd

Second Respondent

Andrew Fotheringham

Third Respondent

Brett Copping

Fourth Respondent

Procedural Posture

Motion for Costs / Post Judgment, Cost Order

Legal Issues

  1. 1 Whether respondents' costs should be fixed in a gross sum under O 62 r 4(2)(c) of the Federal Court Rules
  2. 2 Whether an interim order for a gross sum costs order should be made

Ratio Decidendi

The Court, taking a conservative approach based on the nature of costs recoverable on a party and party basis and the available information, ordered the respondents' recoverable costs be fixed in a gross sum of $250,000 as an interim order.

Court Disposition

Interim gross sum costs order made in favour of the respondents against the applicant.

Orders

  • The respondents' costs recoverable from the applicant be fixed in a gross sum of $250,000.