HK Frost Holdings Pty Ltd (in liq) v Darvall McCutcheon (a firm) [1999] FCA 795

FEDERAL COURT OF AUSTRALIA

H K Frost Holdings Pty Ltd (in liq) v Darvall McCutcheon (a firm) [1999] FCA 795 PRACTICE AND PROCEDURE – interest until judgment – principles and practices of Court in applying s 51A(1) of the Federal Court of Australia Act 1976 (Cth) – "good cause to the contrary" and discretion as to rate and period of interest - significance of delay in commencing and prosecuting application – rates of interest to be applied – practice in relation to rates applied by Supreme Court of State or Territory in which matter heard PRACTICE AND PROCEDURE – costs – discretion to award costs – indemnity costs or party and party costs – lengthy delays in instituting and in prosecution of proceedings – reduction of award to successful applicant Federal Court of Australia Act 1976 (Cth) s 43, s 51A Supreme Court Act 1970 (NSW) s 94 Supreme Court Act 1986 (Vic) s 58, s 60 Supreme Court Act 1935 (SA) s 30c Supreme Court Act 1995 (Qld) s 47 Penalty Interest Rates Act 1983 (Vic)

Batchelor v Burke (1981) 148 CLR 448 referred to Clarke v Foodland Stores Pty Ltd [1993] 2 VR 382 applied Australian Guarantee Corporation Ltd v Border Printing Services Pty Ltd (Lockhart, Spender and Hill JJ, 21 April 1989, unreported) applied Donellan v Watson (1990) 21 NSWLR 335 referred to Wright v West Australian Trustee & Agency Co Ltd [1987] VR 771 referred to Border Printing Services Pty Ltd v Australian Guarantee Corporation Ltd (Pincus J, 19 December 1988, unreported) referred to Namol Pty Ltd v A W Baulderstone Pty Ltd (1993) 119 ALR 187 applied Nagy v Masters Dairy Ltd (1997) 150 ALR 301 applied Geoffrey W Hill & Associates (Insurance Brokers) Pty Ltd v Squash Centre (Allawah North) Pty Ltd (1990) 6 ANZ Insurance Cases §61-012 referred to De Girolamo v South Australia (1991) 56 SASR 40 referred to Keates v Nelson (NSW Court of Appeal, Kirby P, Mahoney and Cripps JA, 16 April 1992, unreported) considered Golden West Refining Corporation Ltd v Daly Laboratories Pty Ltd (Carr J, 16 February 1995, unreported) referred to BP Exploration Co (Libya) Ltd v Hunt (No 2) [1979] WLR 783 referred to Keithara Pty Ltd v J G L Holdings Pty Ltd, (Supreme Court of Victoria, Smith J, 6 December 1994, unreported) referred to Re Wilcox; Ex parte Venture Industries Pty Ltd [No 2] (1996) 72 FCR 151 applied Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 referred to Hughes v Western Australian Cricket Association (Inc) (1986) ATPR ¶ 40-748 referred to Spencer v Dowling [1997] 2 VR 127 referred to Cummings v Lewis (1993) 113 ALR 285 applied