Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd (No 3) [2018] FCAFC 231

FEDERAL COURT OF AUSTRALIA

Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd (No 3) [2018] FCAFC 231 Appeal from: Accor Australia & New Zealand Hospitality Pty Ltd v Liv Pty Ltd [2015] FCA 554

File number: QUD 683 of 2015

Judges: GREENWOOD, BESANKO AND KATZMANN JJ

Date of judgment: 18 December 2018

Catchwords: COSTS – application seeking orders varying previous orders made by the Court dealing with the costs of a trial and of an appeal – where appellants (costs applicants) seek a variation so that the respondents (costs respondents) pay the costs of the costs applicants, fixed in an amount to be determined by the Court – where costs applicants seek an order that the costs respondents pay the costs applicants' costs of and incidental to their application for an order for lump sum costs – where Court considers it appropriate that the matter be decided on the papers without an oral hearing COSTS – whether order for lump sum costs is appropriate – consideration of evidence adduced by the costs applicants' costs' expert in order to inform a decision on whether an order for lump sum costs is appropriate – whether order for lump sum costs will eliminate the time and likely substantial costs associated with a full taxation of costs – where considerable delay in the costs applicants' application for an order for lump sum costs – whether delay in the costs applicants' application is outweighed by the factors which favour an award of lump sum costs and which provide strong support for a lump sum order for costs – whether hearing on quantum of lump sum costs order ought to be heard by the primary judge