Life Therapeutics Limited v Bell IXL Investments Limited (No 2) [2008] FCAFC 158

FEDERAL COURT OF AUSTRALIA

Life Therapeutics Limited v Bell IXL Investments Limited (No 2) [2008] FCAFC 158 COSTS – application for costs certificate – matters to be taken into account in exercising discretion to issue certificate – no matters arose in course of conduct of appeal to be taken into account in exercising discretion against grant of certificate. Held: Costs certificate issued. COSTS – where non‑party brought before the Court by a party to proceedings for the purposes of seeking an order for costs against the non‑party – where application may have been premature as the party did not yet know the outcome of the appeal – application for costs of non‑party's appearance to be awarded in favour of non‑party – circumstances in which an order for costs can be made in favour of a non‑party against a party. Held: Court has jurisdiction to make order for costs in favour of a non‑party against a party to proceedings; circumstances appropriate in this case for such an order to be made. Federal Proceedings (Costs) Act 1981 (Cth): s 6 Federal Court of Australia Act 1976 (Cth): s 3, 43 Rules of the Supreme Court of Queensland: O 91 r 1

Kebaro Pty Ltd v Saunders [2003] FCAFC 5, followed Knight v F P Special Assets Limited (1992) 174 CLR 178, cited O'Keeffe Nominees Pty Ltd v BP Australia Limited (No 2) (1995) 55 FCR 591, followed King v GIO Australia Holdings Limited (2001) 116 FCR 509, followed O'Keefe v Hayes Knight GTO Pty Ltd [2005] FCA 1559, followed Handberg v Chacmol Holdings Pty Ltd (No 2) [2005] FCA 680, distinguished LIFE THERAPEUTICS LIMITED (ACN 001 001 145) v BELL IXL INVESTMENTS LIMITED (ACN 113 669 908), AEGIS PARTNERS LIMITED and BELL POTTER NOMINEES LIMITED

VID 594 of 2008

RYAN, GOLDBERG & GORDON JJ

29 AUGUST 2008

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID 594 of 2008