Pollack, Philip John v Retravision (NSW) Ltd [1997] FCA 1266

Pollack, Philip John v Retravision (NSW) Ltd [1997] FCA 1266

The respondent's failure to identify and discover documents critical to its case prior to the trial, as well as reliance on affidavits containing irrelevant material, justifies a departure from the usual costs rule. The applicant is ordered to pay only 75 per cent of the respondent's costs.

Parties
Applicant: Philip John Pollack; Respondent: Retravision (NSW) Ltd
Jurisdiction
Australia
Judgment Date
21 November 1997
Procedural Posture
Civil / Post Trial Costs Determination
Outcome
Applicant ordered to pay 75 per cent of respondent's costs.
Legal Topics
Costs Order, Discovery, Affidavit Relevance
Civil Procedure Costs Order Discovery Affidavit Relevance

Case Brief

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Parties

Philip John Pollack

Applicant

Retravision (NSW) Ltd

Respondent

Procedural Posture

Civil / Post Trial Costs Determination

Legal Issues

  1. 1 Whether there should be a departure from the general rule that an unsuccessful applicant should pay the respondent's costs due to incomplete discovery and irrelevant affidavits.

Ratio Decidendi

The respondent's failure to identify and discover documents critical to its case prior to the trial, as well as reliance on affidavits containing irrelevant material, justifies a departure from the usual costs rule. The applicant is ordered to pay only 75 per cent of the respondent's costs.

Court Disposition

Applicant ordered to pay 75 per cent of respondent's costs.

Orders

  • The applicant pay 75 per cent of the respondent's costs of the proceedings.