Queensland Wire Industries Pty Ltd v B.H.P. Company Ltd & Anor [1987] FCA 615

Queensland Wire Industries Pty Ltd v B.H.P. Company Ltd & Anor [1987] FCA 615

While the respondents were successful overall, the particular circumstances warranted the applicant not bearing the full burden of costs because issues on which the respondents failed were excised from the proceedings, thereby shortening the litigation. Thus, the respondents are only entitled to 70 per cent of their taxed costs, rather than the whole.

Parties
Applicant: Queensland Wire Industries Pty. Ltd.; First Respondent: The Broken Hill Proprietary Company Limited; Second Respondent: Australian Wire Industries Proprietary Limited
Jurisdiction
Australia
Judgment Date
04 November 1987
Procedural Posture
Costs Application / Post Judgment: Determination of Costs
Outcome
Applicant to pay 70 per cent of respondents' taxed costs.
Legal Topics
Costs, Apportionment of Costs, Discretion in Costs Orders
Civil Procedure Costs Apportionment of Costs Discretion in Costs Orders

Case Brief

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Parties

Queensland Wire Industries Pty. Ltd.

Applicant

The Broken Hill Proprietary Company Limited

First Respondent

Australian Wire Industries Proprietary Limited

Second Respondent

Procedural Posture

Costs Application / Post Judgment: Determination of Costs

Legal Issues

  1. 1 Whether to depart from the ordinary rule that costs follow the event where the unsuccessful party succeeded on some issues and the successful party failed on others

Ratio Decidendi

While the respondents were successful overall, the particular circumstances warranted the applicant not bearing the full burden of costs because issues on which the respondents failed were excised from the proceedings, thereby shortening the litigation. Thus, the respondents are only entitled to 70 per cent of their taxed costs, rather than the whole.

Court Disposition

Applicant to pay 70 per cent of respondents' taxed costs.

Orders

  • The whole of the respondents' costs of the proceedings, including reserved costs, be taxed and that the applicant pay 70 per cent of those taxed costs.