Collappor8 Pty Ltd v City of Liverpool Chamber of Commerce & Industry Incorporated (No 2)

The parties involved in the case are Collappor8 Pty Ltd, the plaintiff, and the City of Liverpool Chamber of Commerce & Industry Incorporated, the defendant. The dispute revolves around an application for costs on an indemnity basis and a request for a gross sum costs order. The case was heard in the Federal Circuit and Family Court of Australia. The plaintiff, Collappor8 Pty Ltd, sought to have the defendant pay its costs on an indemnity basis, arguing that the defendant's actions were unreasonable and unjustified. The plaintiff also sought a gross sum costs order, which would have allowed it to recover its costs in a lump sum rather than having to account for each individual expense.

The court was required to determine whether the plaintiff's application for costs on an indemnity basis was justified and whether a gross sum costs order should be granted. The court had to consider the reasonableness of the defendant's actions, the conduct of the parties during the proceedings, and the overall circumstances of the case. The court also had to consider whether a gross sum costs order was appropriate in this case, taking into account the complexity of the litigation and the amount of costs involved.

In its decision, the court found that the plaintiff's application for costs on an indemnity basis was successful, and the defendant was ordered to pay the plaintiff's costs of the proceedings. The court determined that the defendant's conduct was unreasonable and unjustified, leading to the plaintiff incurring significant costs. The court also found that a gross sum costs order was not appropriate in this case, as the litigation was complex and the amount of costs involved was substantial. The court ordered the plaintiff to pay the defendant’s costs of the proceedings in the sum of $89,751.14, together with counsel fees in the sum of $37,015.00, being a total of $126,766.14. The sum of $30,000 paid in to Court on behalf of the plaintiff as security for costs on 22 March 2024 is to be drawn down in partial satisfaction of this costs order and paid to the defendant.