CSL Australia Pty Limited v Formosa (No 2)

CSL Australia Pty Limited (appellants) appealed a decision of the Federal Court of Australia concerning costs. The dispute arose from an earlier appeal and cross-appeal, and the court was now considering the appropriate orders for costs. The judgment was delivered by Allsop P, Basten JA, and Handley AJA.

The primary legal issue before the court was the appropriate apportionment and basis of costs for the appeal and cross-appeal, specifically whether the costs should be awarded on an ordinary or indemnity basis, and in what proportions. The court also had to determine the costs of a related motion.

The court varied the previous costs order, rescinding the order that the appellants pay 75 per cent of the respondent's costs of the appeal and cross-appeal. Instead, the court ordered that the appellants pay the respondent's costs of the appeal on an ordinary basis up to 5 November 2008 and on an indemnity basis thereafter. Furthermore, the court ordered that the cross-appellant/respondent pay the cross-respondents'/appellants' costs of the cross-appeal. The appellants were also ordered to pay half of the respondent's costs of the motion.