Salfinger v Niugini Mining (Aust) Pty Ltd (No 3) [2008] FCA 1120

Salfinger v Niugini Mining (Aust) Pty Ltd (No 3) [2008] FCA 1120

Gross sum costs orders were appropriate because the assessed amounts for the two prior costs orders were significantly less than Niugini Mining's actual costs and only a proportion of the costs it would recover if it proceeded to taxation.

Jurisdiction
Australia
Judgment Date
29 July 2008
Procedural Posture
Application by the First Respondent for Gross Sum Costs Orders in Respect of an Appeal to the Full Court of the Federal Court / Costs Determination Following Orders Refusing an Adjournment of the Appeal and Dismissing the Appeal With Indemnity Costs
Outcome
Application granted; gross sum costs ordered in favour of the first respondent against the appellant.
Legal Topics
['gross Sum Costs Orders' 'indemnity Costs' 'appeal Costs']
['civil Procedure' 'costs'] ['gross Sum Costs Orders' 'indemnity Costs' 'appeal Costs']

Case Brief

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Procedural Posture

Application by the First Respondent for Gross Sum Costs Orders in Respect of an Appeal to the Full Court of the Federal Court / Costs Determination Following Orders Refusing an Adjournment of the Appeal and Dismissing the Appeal With Indemnity Costs

Legal Issues

  1. 1 ['Whether gross sum costs orders should be made in favour of Niugini Mining in respect of the order of Gordon J dated 24 April 2008 and the order of the Full Court dated 5 May 2008.' 'What sums should be ordered for costs pursuant to those orders.']

Ratio Decidendi

Gross sum costs orders were appropriate because the assessed amounts for the two prior costs orders were significantly less than Niugini Mining's actual costs and only a proportion of the costs it would recover if it proceeded to taxation.

Court Disposition

Application granted; gross sum costs ordered in favour of the first respondent against the appellant.

Orders

  • ['The appellant pay to the first respondent pursuant to the order of Gordon J dated 24 April 2008 the sum of $4,619 for costs.' 'The appellant pay to the first respondent pursuant to the order of the Full Court dated 5 May 2008 the sum of the $28,291 for costs.']