Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Equuscorp Pty Ltd v Hopkins [1999] FCA 338
COSTS – costs of the proceedings at first instance - whether appropriate for costs to be apportioned by time spent on particular issues at the hearing – relevance of offers of settlement – costs expended proving facts disputed by Notice Disputing Facts but not disputed at the hearing – whether applicant has obtained relief primarily sought – costs of appeal – costs of submissions as to costs
EQUUSCORP PTY LIMITED (formerly called EQUUS FINANCIAL SERVICES LIMITED) (ACN 006 102 344) v ANN HOPKINS
NG 656 OF 1998 HILL, R.D. NICHOLSON AND EMMETT JJ 30 MARCH 1999 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 656 OF 1998
ON APPEAL FROM A SINGLE JUDGE OF THE
FEDERAL COURT OF AUSTRALIA
BETWEEN: EQUUSCORP PTY LIMITED (formerly called EQUUS FINANCIAL SERVICES LIMITED)
(ACN 006 102 344)
Appellant
AND: ANN HOPKINS
Respondent
JUDGES: HILL, R.D. NICHOLSON AND EMMETT JJ
DATE OF ORDER: 30 MARCH 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: (1) The Appeal be allowed in part. (2) Orders 1 and 2 made by his Honour Justice Foster on 19 June 1998 be set aside and in lieu thereof order, with effect from 19 June 1998: 1. The first to third respondents jointly and severally pay to the applicant: (a) the sum of $118,211.63; (b) the applicant's costs of and incidental to the proceedings. 2. The fourth respondent, jointly and severally with the first to third respondents, pay to the applicant: (a) the sum of $25,690.50; (b) the applicant's costs of and incidental to the proceedings other than the costs of and incidental to the question of whether the fourth respondent engaged in conduct in contravention of the Trade Practices Act 1974 or was involved in any contravention of the Trade Practices Act by the first, second or third respondents. (3) The appellant pay the respondent's costs of and incidental to the preparation of submission in relation to costs and final orders, including supporting evidence. (4) There be no other order as to the costs of the appeal. (5) A costs certificate under section 6 of the Federal Proceedings (Costs) Act 1981 be issued to the respondent. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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