J.H. Lever & Co Pty Ltd v Maniotis [2006] FCA 1668

The application for a gross sum costs order is refused as the Court is not satisfied, on the present material, that all claimed costs are necessary or proper on a party and party basis, and is not in a position to fix a fair, informed gross sum to do justice to both parties.

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: 04 December 2006
Procedural Posture: Costs Application / Post Judgment Motion
Outcome: Gross sum order for costs refused
Legal Topics: Costs Assessment, Gross Sum Costs, Party and Party Basis

Civil Procedure Costs Assessment Gross Sum Costs Party and Party Basis

Case Brief

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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

Costs Application / Post Judgment Motion

Legal Issues

1 Whether the respondents' costs should be fixed as a gross sum under O 62 r 4(2)(c) of the Federal Court Rules
2 Whether the claimed costs are properly recoverable on a party and party basis

Ratio Decidendi

Court Disposition

Gross sum order for costs refused

Orders

Application for gross sum costs order declined
Court to hear parties as to costs and as to whether to dismiss or adjourn motion with liberty to apply