JL Holdings Pty Ltd v State of Queensland & Anor [1998] FCA 1032

FEDERAL COURT OF AUSTRALIA COSTS – whether Court can make a reduction to account for costs taken up on an issue on which a successful party has failed – whether to award indemnity costs due to conduct of insubstantial claims - impact upon costs of an offer to compromise – whether the conduct of the party to whom offer made is plainly unreasonable – application for orders for costs against non-party in circumstances where security for costs previously ordered Trade Practices Act 1974 (Cth) s 45D

Land Act 1962 (Q) ss 343-345 Hughes v Western Australian Cricket Association Inc (1986) ATPR 48-134 Appl Queenland Wire Industries Pty Ltd v Broken Hill Proprietary Co Ltd (1987) 17 FCR 211 Appl Australian Conservation Foundation & Ors v Forestry Commission & Ors (1988) 81 ALR 166 Appl Henderson & Ors v Amadio Pty Ltd & Ors (No 3) (Heerey J, Federal Court of Australia, 22 March 1996, unreported) Appl Fasold v Roberts (No 2) (Sackville, Federal Court of Australia, 11 September 1997, unreported) Appl MGICA (1992) Ltd v Kenny & Goode Pty Ltd (No 4) (1996) 70 FCR 236 Appl Colgate-Palmolive Company & Anor v Cussons Pty Limited (1993) 46 FCR 225 Refd Knight v FP Special Assets (1992) 174 CLR 178 Appl JL Holdings Pty Ltd v State of Queensland and Southbank Corporation SG 1 of 1994 Kiefel J Brisbane 25 August 1998

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY SG 1 of 1994

BETWEEN: J L HOLDINGS PTY LTD

Applicant

AND: STATE OF QUEENSLAND

first Respondent

southbank corporation

second respondent

JUDGE: KIEFEL J

DATE OF ORDER: 25 AUGUST 1998

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The applicant pay the first respondent's costs of the proceedings including reserved costs, save for twenty per cent of the costs on the hearing and twenty per cent of costs of preparation of witnesses and that it pay costs on an indemnity basis of the first respondent's preparation on the claims of civil conspiracy, breach of copyright and of s 45D Trade Practices Act, and defamation and, on the claim of fraud, fifteen days of hearing. 2. The applicant pay the second respondent's costs of the proceedings on an indemnity basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.