Gill v Ethicon Sarl (No 7) [2020] FCA 700

FEDERAL COURT OF AUSTRALIA

Gill v Ethicon Sàrl (No 7) [2020] FCA 700 File number: NSD 1590 of 2012

Judge: KATZMANN J

Date of judgment: 25 May 2020

Catchwords: COSTS — indemnity costs — application that 90% of costs awarded to applicants be paid on an indemnity basis — where respondents denied allegations that medical devices they manufactured and sold could cause certain complications when admissions made in cross-examination that they had known they could since before any of the devices were released to the Australian market, whether conduct of respondents unreasonable — whether, if an indemnity costs order should be made, it should be for the proportion sought PRACTICE AND PROCEDURE — application for lump sum costs order — where appeal pending, whether directions for assessment of costs and determination of amount should await the final disposition of the appeal or appeals

Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 37M(1), 37N, 43, 52(1) Federal Court Rules 2011 (Cth) r 40.01

Cases cited: Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Ltd) (No 2) [2007] FCA 179 Clipsal Australia Pty ltd v Clipso Electrical Pty Ltd (No 4) [2017] FCA 436 Fair Work Ombudsman v Grouped Property Services Pty Ltd (No 3) [2017] FCA 810 Hamod v New South Wales (2002) 188 FCR 659 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116 Peterson v Merck Sharpe and Dohme (Aust) Pty Ltd (No 5) (2010) 87 IPR 234; [2010] FCA 605 Ragata Developments Pty Ltd v Westpac Banking Corporation (1993) 217 ALR 175 Tetijo Holdings Pty Ltd v Keeprite Australia Pty Ltd (unreported, Federal Court of Australia, French J, 3 May 1991) Unioil International Pty Ltd v Deloitte Touche Tohmatsu (1997) 18 WAR 190 Wotton v Queensland (No 6) [2017] FCA 245