Tate v Australian Broadcasting Corporation (No 2) [2019] FCA 1059

Tate v Australian Broadcasting Corporation (No 2) [2019] FCA 1059

Although there was a substantial measure of compromise and divided success leading up to the hearing, the ABC was clearly more successful on the issues determined at the hearing. Therefore, Mr Tate is ordered to pay 90% of the ABC’s ordinary costs after 26 November 2018 of preparing for, attending and following up the 13 December 2018 hearing. Each party otherwise bears its own costs of the interlocutory applications and of the costs adjudication.

Parties
Applicant: Thomas Richard Tate; First Respondent: Australian Broadcasting Corporation; Second Respondent: Peter Young
Jurisdiction
Australia
Judgment Date
09 July 2019
Procedural Posture
Costs Application in Respect of Interlocutory Pleadings Applications / Costs Adjudication Following Interlocutory Hearing
Outcome
Applicant to pay 90% of the first respondent's ordinary costs after 26 November 2018 of preparing for, attending, and following up the 13 December 2018 hearing. Otherwise, each party to pay their own costs of the interlocutory applications and costs adjudication.
Legal Topics
Costs, Interlocutory Applications, Pleadings
Civil Procedure Costs Interlocutory Applications Pleadings

Case Brief

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Parties

Thomas Richard Tate

Applicant

Australian Broadcasting Corporation

First Respondent

Peter Young

Second Respondent

Procedural Posture

Costs Application in Respect of Interlocutory Pleadings Applications / Costs Adjudication Following Interlocutory Hearing

Legal Issues

  1. 1 Which party should bear the costs of the interlocutory pleadings applications and associated hearings

Ratio Decidendi

Although there was a substantial measure of compromise and divided success leading up to the hearing, the ABC was clearly more successful on the issues determined at the hearing. Therefore, Mr Tate is ordered to pay 90% of the ABC’s ordinary costs after 26 November 2018 of preparing for, attending and following up the 13 December 2018 hearing. Each party otherwise bears its own costs of the interlocutory applications and of the costs adjudication.

Court Disposition

Applicant to pay 90% of the first respondent's ordinary costs after 26 November 2018 of preparing for, attending, and following up the 13 December 2018 hearing. Otherwise, each party to pay their own costs of the interlocutory applications and costs adjudication.

Orders

  • The applicant pay 90% of the first respondent's ordinary costs after 26 November 2018 of preparing for the 13 December 2018 hearing, the hearing itself and the written submissions following that hearing.
  • The parties otherwise pay their own costs of and incidental to: (a) the applicant's interlocutory application filed 21 August 2018; (b) the first respondent's interlocutory application filed 30 August 2018; (c) the applicant's amended interlocutory application filed 17 October 2018; and (d) the first respondent's...