Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd (No 3)

In this case, the appellants, Accor Australia & New Zealand Hospitality Pty Ltd, sought to vary previous orders regarding the costs of a trial and an appeal against the respondents, Liv Pty Ltd. The application was made to the Federal Court of Australia and concerned the costs of the trial and appeal, as well as the costs of the appellants' application for an order for lump sum costs. The Court decided to address the matter on the papers, without an oral hearing.

The legal issues at hand involved the appropriateness of granting an order for lump sum costs, the evidence presented by the appellants' costs' expert, and the delay in the appellants' application for such an order. The Court had to determine whether the delay was outweighed by the factors supporting a lump sum order for costs and whether the hearing on the quantum of the lump sum costs order should be conducted by the primary judge.

The Court found that an order for lump sum costs was appropriate, given the evidence presented and the potential to eliminate the time and costs associated with a full taxation of costs. The delay in the application was deemed to be outweighed by the factors supporting the lump sum order. The Court also decided that the primary judge should fix the quantum of the lump sum costs order.

The Court made the following orders: the orders of the Court made on 31 July 2017 were varied by adding an order that the costs subject to paragraphs 2(e), 4 and 5 above be the subject of a lump sum award of costs, with the quantum of the lump sum award to be fixed by the primary judge.