Boomerang Investments Pty Ltd v Padgett (Costs of the Liability Phase)

[2021] FCA 385

Federal Court of Australia21 April 2021

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Interrogate

Catchwords

1. Costs
2. › General principles
3. › Costs follow the event
4. › Partial success
1. Costs
2. › Issue-by-issue approach
3. › Whether appropriate to apportion costs by reference to discrete issues
1. Costs
2. › Discounts
3. › Appropriate measure of discount for mixed success
1. Costs
2. › Indemnity costs
3. › Litigation misconduct
4. › False evidence at trial

Quick Take

Where a party gives deliberately false evidence on a central issue but succeeds on other legitimate issues, the appropriate costs recognition is not an indemnity costs order but rather a reduction in the discount otherwise applied to the successful party's costs recovery.