Hurley v McDonalds Australia Ltd [1999] FCA 1393

FEDERAL COURT OF AUSTRALIA

Hurley v McDonalds Australia Ltd [1999] FCA 1393 JANETTE LYN HURLEY v McDONALDS AUSTRALIA LIMITED Q 194 of 1999

DOWSETT J 1 OCTOBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 194 OF 1999

BETWEEN: JANETTE LYN HURLEY

Applicant

AND: McDONALDS AUSTRALIA LIMITED

Respondent

JUDGE: DOWSETT

DATE OF ORDER: 1 OCTOBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The notice of motion filed on 14 September 1999 is dismissed. 2. The applicant pay the respondent's costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 194 OF 1999

BETWEEN: JANETTE LYN HURLEY

Applicant

AND: McDONALDS AUSTRALIA LIMITED

Respondent

JUDGE: DOWSETT

DATE: 1 OCTOBER 1999

PLACE: BRISBANE

REASONS FOR JUDGMENT 1 With respect to the notice of motion filed on 14 September 1999, to which Creata Promotions (Aust) Pty Ltd ACN 001 598 303 is a respondent, the motion is dismissed. 2 I am asked to make an order for costs on an indemnity basis. Of course the respondent's involvement in this matter has presumably been quite short in that it is, for present purposes, only the respondent to an application for third party inspection. I cannot really see why there should be any significant difference as between party and party costs, and solicitor and client costs. 3 Party and party costs are, in my view, designed to meet costs reasonably incurred in prosecuting or defending the proceedings in question. It would not be a good thing if legal advisers involved in relatively narrow proceedings were to expect, as a matter of course, an order for solicitor and client, or indemnity costs. The general rule has always been that costs be taxed on a party and party basis, although over the years a number of categories of exception have emerged. It may well be that the categories of exception are not closed, but for the moment I do not think that they should be capriciously extended.