Chen v Monash University (No 2) [2016] FCAFC 93

Chen v Monash University (No 2) [2016] FCAFC 93

Given the Court's existing costs order in favour of the respondents, the express power in R 40.02(b), the history and likely difficulty of taxation, the applicant's litigious conduct and non-payment of previous costs, and reliable evidence that $73,770 was a genuine and conservative estimate of recoverable taxed costs, it was appropriate and consistent with s 37M to order lump sum costs and apply the $25,000 security for costs in partial satisfaction.

Jurisdiction
Australia
Judgment Date
28 June 2016
Procedural Posture
Application for Lump Sum Costs / Determined on the Papers After Dismissal of the Applicant's Amended Interlocutory Application to Reinstate Her Appeal
Outcome
Respondents' application for lump sum costs granted; applicant's opposition and request for refund and costs rejected.
Legal Topics
['lump Sum Costs' 'security for Costs' 'taxation of Costs' 'overarching Purpose Under S 37 M of the Federal Court of Australia Act 1976 (cth)']
['costs' 'civil Procedure' 'federal Court Procedure'] ['lump Sum Costs' 'security for Costs' 'taxation of Costs' 'overarching Purpose Under S 37 M of the Federal Court of Australia Act 1976 (cth)']

Case Brief

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Procedural Posture

Application for Lump Sum Costs / Determined on the Papers After Dismissal of the Applicant's Amended Interlocutory Application to Reinstate Her Appeal

Legal Issues

  1. 1 ["Whether the respondents' costs should be paid by way of a lump sum fixed in the amount of $73,770." 'Whether the $25,000 paid into Court by the applicant as security for costs should be paid to the first respondent in partial satisfaction of those lump sum costs.' 'Whether a lump sum costs order was consistent with the objectives of efficiency and cost saving reflected in s 37M of the Federal Court of Australia Act 1976 (Cth).']

Ratio Decidendi

Given the Court's existing costs order in favour of the respondents, the express power in R 40.02(b), the history and likely difficulty of taxation, the applicant's litigious conduct and non-payment of previous costs, and reliable evidence that $73,770 was a genuine and conservative estimate of recoverable taxed costs, it was appropriate and consistent with s 37M to order lump sum costs and apply the $25,000 security for costs in partial satisfaction.

Court Disposition

Respondents' application for lump sum costs granted; applicant's opposition and request for refund and costs rejected.

Orders

  • ['Costs in this proceeding be paid by way of a lump sum fixed in the amount $73,770.' 'The sum of $25,000 paid into Court by the applicant as security for costs pursuant to the order of Barker J dated 21 January 2016, be paid to the first respondent in partial satisfaction of those lump sum costs.']