Jadwan Pty Ltd v Rae & Partners (A Firm) (No 2)

In the matter of Jadwan Pty Ltd v Rae & Partners (A Firm) (No 2), the appellant sought to challenge the costs order made against them by the respondents. The Federal Court of Australia was tasked with deciding the appropriate costs to be awarded to the respondents. The central legal issue was whether the court should reduce the costs payable by the appellant to the respondents due to the appellant's partial success in the appeal. Additionally, the court had to determine whether to make a lump sum costs order, and if so, to direct the Registrar of the Court to assess the lump sum of costs to be awarded and make orders.

The court found that there were no grounds to reduce the costs payable by the appellant to the respondents, as the appellant had not demonstrated that their partial success warranted a reduction in costs. The court also concluded that making a lump sum costs order was appropriate and directed the Registrar of the Court to assess the lump sum of costs to be awarded. The court emphasised the importance of ensuring that the costs awarded were just and equitable, taking into account the nature and extent of the appellant's partial success.

The Federal Court of Australia ordered that the appellant pay the respondents' costs of the appeal to be assessed in a lump sum in accordance with rule 40.02(b) of the Federal Court Rules 2011 (Cth). The court directed that a Registrar of the Court is to determine the amount of the respondents' costs in such manner as the Registrar deems fit, and shall then make an order fixing the amount of those costs, which are to be payable within 28 days of such orders. The entry of these orders is governed by rule 39.32 of the Federal Court Rules 2011.