Clone Pty Ltd v Players Pty Ltd

The matter before the court involved a dispute over the taxation of costs between Clone Pty Ltd and Players Pty Ltd. Clone had submitted a Schedule of Costs comprising numerous items, which Players contested. The court was required to determine whether certain items, specifically the attendance of solicitors and related expenses, were justified and should be allowed as costs. The primary issue was whether Clone could substantiate the necessity of these items, particularly in light of delays and missing documentation, and whether the affidavits provided by the solicitors were sufficient evidence to support the claims.

The court examined the obligations of the parties in maintaining records and substantiating costs claims. It noted that while a party is not strictly bound by the rules of evidence in a taxation, there must still be evidence to support each claim. The court found that Clone's failure to maintain adequate records and provide contemporaneous documentation was a significant impediment to justifying the claimed costs. The affidavits, while helpful, were not sufficient to substantiate the detailed claims without proper supporting evidence. The court also considered the relevance and accuracy of the affidavits and the potential for bias or lack of recollection in the documentation provided.

Ultimately, the court ruled that certain items could not be substantiated due to the lack of adequate evidence. It allowed some items based on the affidavits and other limited evidence available, but disallowed others where the substantiation was insufficient. The court emphasized the importance of parties maintaining proper records and providing timely and accurate evidence to support their claims for costs.

The final orders included disallowing certain costs due to insufficient evidence and allowing others with some evidence. The court scheduled further hearings to address the remaining contested items in the Schedule of Costs.