Telstra Corp Ltd v First Netcom Pty Ltd [1998] FCA 656

FEDERAL COURT OF AUSTRALIA COSTS - costs on an indemnity basis - requirement of special circumstances for indemnity costs - party seeking costs on an indemnity basis must come to the Court with clean hands - payment of costs of interlocutory proceedings prior to conclusion of substantive proceedings Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 1979 (Cth) O 62 Allstate Life Insurance Co v Australia & New Zealand Banking Group Ltd (No 13) (Full Court (Lockhart, Lindgren and Tamberlin JJ) unreported, 17 August 1995) followed Lamesa Holdings BV v Commissioner of Taxation [1997] 74 FCR 263 followed Australian Flight Test Services Pty Ltd v Minister for Industry Science and Technology (O'Loughlin J, unreported, 26 April 1996) followed Colgate-Palmolive Co v Cussons Pty Ltd [1993] 46 FCR 225 Thunderdome Racing and Scoring Pty Ltd & Anor v Dorian Industries Pty Ltd & Anor [1992] 36 FCR 297 followed Telstra corporation ltd v first NETcOM pty ltd NG 483 of 1997 EINFELD J SYDNEY 7 MAY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 483 of 1997

BETWEEN: Telstra corporation ltd

Applicant

AND: first NETcOM pty ltd

Respondent

JUDGE: EINFELD J

DATE OF ORDER: 7 May 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. the respondent pay the applicant's costs of the respondent's motion of 14 July 1997 on a party/party basis. 2. the respondent pay the applicant's costs of the applicant's motion of 17 July 1997 on a party/party basis. 3. the costs referred to in Orders 1 and 2 hereof and the costs awarded by the Full Court on 2 September 1997 may be taxed forthwith and are to be paid upon the issue of the certificate of taxation. 4. there be no order as to the costs of the applicant's motion of 31 July 1997 for a Mareva injunction and for dissolution of the interlocutory injunction pronounced on 16 July 1997. 5. there be no order as to the costs of Orders 3, 3(a) or 4 of the applicant's motion of 23 September 1997 as amended.