Les Tissus Marey S A v Lisa Ho Retail Pty Ltd [2006] FCA 1121

Les Tissus Marey S A v Lisa Ho Retail Pty Ltd [2006] FCA 1121

Because liability and quantum were to be determined separately, the security should be calculated only through the trial on liability, reflecting reduced discovery and trial duration. The applicant's proposed $45,000 figures were unreasonably low given the complexity of the issues and Smouha's retention of senior counsel, but Smouha's $150,000 estimate was excessive because it assumed two solicitors in court throughout the trial, unnecessary photocopying and leisurely preparation. Appropriate security was $70,000 for the Lisa Ho respondents and $100,000 for Smouha.

Jurisdiction
Australia
Judgment Date
23 August 2006
Procedural Posture
Application for Security for Costs in a Copyright Proceeding / Interlocutory Motions on Notice; Amount of Security for Costs, Separate Determination of Liability and Quantum, and Mediation Directions
Outcome
Security for costs ordered; liability and quantum separated; proceeding stayed until security provided; mediation ordered; costs reserved.
Legal Topics
['security for Costs' 'separate Determination of Liability and Quantum' 'mediation' 'costs Estimates']
['copyright' 'civil Procedure'] ['security for Costs' 'separate Determination of Liability and Quantum' 'mediation' 'costs Estimates']

Case Brief

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Procedural Posture

Application for Security for Costs in a Copyright Proceeding / Interlocutory Motions on Notice; Amount of Security for Costs, Separate Determination of Liability and Quantum, and Mediation Directions

Legal Issues

  1. 1 ['What amount of security for costs the applicant should provide to the Lisa Ho respondents and to Smouha.' 'Whether issues of liability should be determined separately from issues of quantum.' 'Whether mediation should occur and on what arrangements.']

Ratio Decidendi

Because liability and quantum were to be determined separately, the security should be calculated only through the trial on liability, reflecting reduced discovery and trial duration. The applicant's proposed $45,000 figures were unreasonably low given the complexity of the issues and Smouha's retention of senior counsel, but Smouha's $150,000 estimate was excessive because it assumed two solicitors in court throughout the trial, unnecessary photocopying and leisurely preparation. Appropriate security was $70,000 for the Lisa Ho respondents and $100,000 for Smouha.

Court Disposition

Security for costs ordered; liability and quantum separated; proceeding stayed until security provided; mediation ordered; costs reserved.

Orders

  • ['Issues of liability be determined separately from issues of quantum.' 'The applicant provide security for the costs of the second and third respondents in the amount of $70,000 and in a form acceptable to the District Registrar.' 'The applicant provide security for the costs of the fifth respondent in the amount...