Nixon v Philip Morris (Australia) Ltd [1999] FCA 1429

Nixon v Philip Morris (Australia) Ltd [1999] FCA 1429

Given mixed fortunes on multiple issues and the extent of work performed, the fair course is to order respondents to pay one-half of applicants' costs incurred in connection with the motions, excluding costs of the directions hearing.

Jurisdiction
Australia
Judgment Date
20 October 1999
Procedural Posture
Costs Application / Post Motion Costs Determination
Outcome
Respondents ordered to pay applicants one-half of the costs incurred in connection with the Notices of Motion filed on 2 July 1999.
Legal Topics
['costs' 'summary Dismissal' 'apportionment of Costs']
['civil Procedure'] ['costs' 'summary Dismissal' 'apportionment of Costs']

Case Brief

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Procedural Posture

Costs Application / Post Motion Costs Determination

Legal Issues

  1. 1 ['Apportionment of costs following mixed success on summary dismissal motions' 'Appropriate costs order where parties succeeded and failed on numerous issues']

Ratio Decidendi

Given mixed fortunes on multiple issues and the extent of work performed, the fair course is to order respondents to pay one-half of applicants' costs incurred in connection with the motions, excluding costs of the directions hearing.

Court Disposition

Respondents ordered to pay applicants one-half of the costs incurred in connection with the Notices of Motion filed on 2 July 1999.

Orders

  • ['Respondents shall pay to the applicants one-half of the costs incurred by them in connection with the Notices of Motion filed by the respondents on 2 July 1999.' 'Costs of the directions hearing of 17 June 1999 are excluded from this assessment.']