Hardingham v RP Data Pty Limited (Third Party Costs) [2023] FCA 480

Hardingham v RP Data Pty Limited (Third Party Costs) [2023] FCA 480

Court House Capital Pty Ltd, as a commercial litigation funder which funded the proceedings for its own financial benefit, had a sufficient connection to the litigation and was aware of the risk of an adverse costs order. It is fair in all the circumstances, under s 43 of the Federal Court of Australia Act 1976 (Cth), to order the funder to pay the respondent's costs.

Jurisdiction
Australia
Judgment Date
16 May 2023
Procedural Posture
Costs Application / Application for Third Party Costs Order Post Trial
Outcome
Application granted. Court House Capital Pty Ltd ordered to pay the respondent’s costs (excluding the cross-claim) on a party and party basis up to 11:00am on 28 June 2019, and thereafter on an indemnity basis. Costs of the interlocutory application also ordered. Costs to be paid by lump sum to be determined or...
Legal Topics
['third Party Costs Orders' 'litigation Funding' 'costs Indemnity and Party/party Basis']
['civil Procedure'] ['third Party Costs Orders' 'litigation Funding' 'costs Indemnity and Party/party Basis']

Case Brief

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Procedural Posture

Costs Application / Application for Third Party Costs Order Post Trial

Legal Issues

  1. 1 ["Whether a third party litigation funder should be ordered to pay the respondent's costs under s 43 of the Federal Court of Australia Act 1976 (Cth)"]

Ratio Decidendi

Court House Capital Pty Ltd, as a commercial litigation funder which funded the proceedings for its own financial benefit, had a sufficient connection to the litigation and was aware of the risk of an adverse costs order. It is fair in all the circumstances, under s 43 of the Federal Court of Australia Act 1976 (Cth), to order the funder to pay the respondent's costs.

Court Disposition

Application granted. Court House Capital Pty Ltd ordered to pay the respondent’s costs (excluding the cross-claim) on a party and party basis up to 11:00am on 28 June 2019, and thereafter on an indemnity basis. Costs of the interlocutory application also ordered. Costs to be paid by lump sum to be determined or...

Orders

  • ["Court House Capital Pty Ltd to pay the respondent's costs of the proceeding (excluding the cross-claim): (i) on a party and party basis up to 11.00am on 28 June 2019; (ii) thereafter on an indemnity basis; and costs of the respondent's interlocutory application dated 3 February 2023." 'Costs to be paid by lump...