Naroth v Innovative Hair Loss Solutions Pty Ltd (No. 5)

In *Naroth v Innovative Hair Loss Solutions Pty Ltd (No. 5)*, the Federal Circuit Court of Australia at Perth considered an application for costs following a judgment in proceedings that had commenced in July 2010 and involved a trial spanning 11 days between February and September 2011. The applicant, Nandita Ragini Naroth, was the applicant in the original action and a respondent by cross-claim, while Innovative Hair Loss Solutions Pty Ltd, Derek Best, Debra Best, and Alexandra McClunie were the respondents in the original action and the applicant by cross-claim.

The primary legal issue before the Court was the determination of the quantum of costs to be awarded to the respondents, following the Court's judgment in *Naroth v Innovative Hair Loss Solutions Pty Ltd & Ors (No. 3)*. The Court was required to consider revised costs schedules provided by the respondents, which had been amended to reflect the correct fee amounts applicable at the time of each event, given the protracted nature of the litigation. The applicant did not dispute the respondents' entitlement to costs but argued for a reduction to 80 per cent of the total, reflecting her partial success in her original claim.

Judge Lucev reasoned that while the applicant had been partially successful, the respondents had also achieved a significant degree of success in the proceedings. The Court noted that the respondents had revised their costs schedule, but indicated that further adjustments might be necessary, particularly concerning stage 5 amounts and other claimed figures, as there appeared to be discrepancies between the schedules presented. Ultimately, the Court ordered the applicant to pay the respondents' costs in the sum of $62,340.60 by 7 June 2013, and certified for counsel for the purposes of the advocacy loading under rule 21.15 of the Federal Circuit Court Rules 2001 (Cth).