Coshott v Burke (No 2) [2018] FCAFC 81

FEDERAL COURT OF AUSTRALIA

Coshott v Burke (No 2) [2018] FCAFC 81 Appeal from: Fewin Pty Ltd v Burke (No 3) [2017] FCA 693

File number: NSD 1137 of 2017

Judges: LOGAN, KERR AND FARRELL JJ

Date of judgment: 25 May 2018

Catchwords: COSTS – appeal from a decision of a single judge awarding lump sum costs – whether primary judge erred in failing to discount lump sum awarded – whether indemnity costs order covers solicitor and client costs – where party seeking reduction did not challenge evidence as to the reasonableness of costs claimed before primary judge – whether costs applicant bears onus of establishing costs claimed were reasonably incurred – whether consent orders that costs be assessed prevent the making of subsequent orders for lump sum costs – whether indemnity principle requires an insured party to produce its insurance policy – appeal dismissed

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth)

Cases cited: Beach Petroleum NL v Johnson (No 2) [1995] FCA 350; 57 FCR 119 Coshott v Burke [2017] FCAFC 230 Coshott v Woollahra Municipal Council [2008] NSWCA 176 Cristovao v Tan & Tan Lawyers Pty Ltd [2018] FCAFC 41 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284; 90 NSWLR 451 Fewin Pty Ltd v Burke (No 3) [2017] FCA 693 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 Hudson v Sigalla [2016] FCA 1204 McCullum v Ifield [1969] 2 NSWR 329 New Pinnacle Group Silver Mining Co v Luhrig Coal and Ore Dressing Appliances Co (1902) 2 SR (NSW) 50 North Australian Aboriginal Legal Aid Service Inc v Bradley (No 2) [2002] FCA 564 Oshlack v Richmond River Council [1998] HCA 11; 193 CLR 72 Seven Network Limited v News Limited [2007] FCA 2059 Short v Crawley (No 45) [2013] NSWSC 1541 Telstra Corporation Limited v Phone Directories Company Pty Ltd [2011] FCA 1463 Wentworth v Rogers [2006] NSWCA 145; 66 NSWLR 474