FEDERAL COURT OF AUSTRALIA
Innes v AAL Aviation Limited (No 2) [2018] FCAFC 130
Appeal from: Brewer v AAL Aviation Limited [2016] FCA 93 File numbers: ACD 12 of 2016
ACD 13 of 2016Judges: TRACEY, BROMBERG AND WHITE JJ Date of judgment: 15 August 2018 Catchwords: COSTS – cost orders – applications by the Respondent for the Court to fix lump sum costs in relation to two appeals – whether lump sum costs are appropriate – whether the costs claimed by the Respondent were fairly and reasonably incurred – orders for lump sum costs for reduced amounts made Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(1), 43
Federal Court Rules 2011 (Cth) rr 40.01, 40.02
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119
Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506
Calderbank v Calderbank [1975] 3 All ER 333
Commonwealth of Australia v Cornwell [2007] HCA 16; (2007) 229 CLR 519
Fewin Pty Ltd v Burke (No 3) [2017] FCA 693
Hislop v Paltar Petroleum Ltd (No 4) [2017] FCA 1632
Innes v AAL Aviation Limited [2017] FCAFC 202
Innes v Commonwealth [2015] ACTA 33
Paciocco v Australia and New Zealand Banking Group Ltd (No 2) [2017] FCAFC 146; (2017) 253 FCR 403
Date of hearing: Determined on the papers Registry: Australian Capital Territory Division: General Division National Practice Area: Employment & Industrial Relations Category: Catchwords Number of paragraphs: 78 Counsel for the Appellants: Ms M Castle Solicitor for the Appellants: Snedden Hall & Gallop Solicitor for the Respondent: Johnson Winter & Slattery ORDERS
ACD 12 of 2016 BETWEEN: MALCOLM JAMES INNES
Appellant
AND: AAL AVIATION LIMITED (ACN 008 642 886)
Respondent
JUDGES:
TRACEY, BROMBERG AND WHITE JJ
DATE OF ORDER:
15 AUGUST 2018
THE COURT ORDERS THAT:
1.The Appellant pay the Respondent a lump sum of $61,548.47 comprised of $21,125 for solicitors’ costs, $37,000 for counsel fees and $3,423.47 for disbursements.
2.The Appellant pay the Respondent $2,500 for the Respondent’s costs incurred in making the interlocutory application together with the Court’s filing fee for the filing of the interlocutory application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
ORDERS
ACD 13 of 2016 BETWEEN: STUART ARTHUR HUNTER
AppellantAND: AAL AVIATION LIMITED (ACN 008 642 886)
Respondent
JUDGE:
TRACEY, BROMBERG AND WHITE JJ
DATE OF ORDER:
15 AUGUST 2018
THE COURT ORDERS THAT:
1.The Appellant pay the Respondent a lump sum of $61,548.47 comprised of $21,125 for solicitors’ costs, $37,000 for counsel fees and $3,423.47 for disbursements.
2.The Appellant pay the Respondent $2,500 for the Respondent’s costs incurred in making the interlocutory application together with the Court’s filing fee for the filing of the interlocutory application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
TRACEY, BROMBERG AND WHITE JJ:
Introduction
This judgment concerns applications by the Respondent for the Court to fix lump sum costs following…
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- Case
- [2018] FCAFC 130
- Decision Date
CaseChat Overview and Summary
The court examined the nature of the appeals, considering them to be of a relatively minor nature. It held that the lump sum approach to costs was appropriate given the nature of the appeals. The court also found that the costs claimed by the respondent were fairly and reasonably incurred. The court ordered that the appellant pay a reduced lump sum for the costs of the appeals, taking into account the minor nature of the appeals and the respondent’s conduct during the proceedings.
The final orders of the court required the appellant to pay the respondent a lump sum of $61,548.47, comprised of $21,125 for solicitors' costs, $37,000 for counsel fees, and $3,423.47 for disbursements. Additionally, the appellant was ordered to pay $2,500 for the respondent’s costs incurred in making the interlocutory application, together with the Court's filing fee for the filing of the interlocutory application. These orders were made pursuant to Rule 39.32 of the Federal Court Rules 2011.
Orders
Orders of the court
1. The Appellant pay the Respondent a lump sum of $61,548.47 comprised of $21,125 for solicitors’ costs, $37,000 for counsel fees and $3,423.47 for disbursements.
2. The Appellant pay the Respondent $2,500 for the Respondent’s costs incurred in making the interlocutory application together with the Court’s filing fee for the filing of the interlocutory application.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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