Martin v Norton Rose Fulbright Australia (No 2) [2020] FCAFC 42

Martin v Norton Rose Fulbright Australia (No 2) [2020] FCAFC 42

There is no basis to vary the previous costs order; the respondent is entitled to a lump sum costs order, which is to be assessed by the Registrar. Determination of costs on the papers is appropriate; applicant's objections do not provide proper grounds to deny costs or change procedure.

Parties
Applicant: Thomas Patrick Martin; Respondent: Norton Rose Fulbright Australia
Jurisdiction
Australia
Judgment Date
17 March 2020
Procedural Posture
Appeal / Costs Determination After Refusal of Appeal Extension
Outcome
Costs order in favour of respondent, to be determined in a lump sum by Registrar; applicant to pay respondent's costs including those incidental to the application for lump sum costs.
Legal Topics
Costs, Lump Sum Costs Order, Appeal Procedure
Employment & Industrial Relations Costs Lump Sum Costs Order Appeal Procedure

Case Brief

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Parties

Thomas Patrick Martin

Applicant

Norton Rose Fulbright Australia

Respondent

Procedural Posture

Appeal / Costs Determination After Refusal of Appeal Extension

Legal Issues

  1. 1 Should a lump sum costs order be made in favour of the respondent?
  2. 2 Should the issue of costs be determined on the papers without an oral hearing?
  3. 3 Is there any basis to vary the previous costs order against the applicant?

Ratio Decidendi

There is no basis to vary the previous costs order; the respondent is entitled to a lump sum costs order, which is to be assessed by the Registrar. Determination of costs on the papers is appropriate; applicant's objections do not provide proper grounds to deny costs or change procedure.

Court Disposition

Costs order in favour of respondent, to be determined in a lump sum by Registrar; applicant to pay respondent's costs including those incidental to the application for lump sum costs.

Orders

  • Order for costs in favour of respondent to be awarded in a lump sum pursuant to r 40.02(b) Federal Court Rules 2011 (Cth).
  • Registrar to determine quantum of respondent's costs as deemed fit, potentially on the papers.