Vasram v AMP Life Limited [2002] FCA 1286

FEDERAL COURT OF AUSTRALIA

Vasram v AMP Life Limited [2002] FCA 1286 COSTS – indemnity costs – factors to be taken into account in the award of indemnity costs – whether history of matter disclosed special or unusual features so as to warrant award of indemnity costs for whole or part of proceedings – applicant previously given leave to file fifth amended statement of claim – statement of claim sought to reagitate issues previously decided – statement of claim struck out and proceedings dismissed – whether respondent should have had to incur costs of responding to fifth statement of claim – whether applicant's solicitor should bear part of award of indemnity costs – circumstances in which appropriate to make costs order against applicant's solicitor Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 62 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 referred to Yates Property Corporation Pty Ltd v Boland (No 2) (1997) 147 ALR 685 referred to NMFM Property Pty Ltd v Citibank Ltd (No 2) (2001) 109 FCR 77 referred to Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 referred to Knight v FP Special Assets Limited (1992) 174 CLR 178 referred to De Sousa v Minister for Immigration, Local Government and Ethnic Affairs (1993) 41 FCR 544 referred to Cook v Pasminco Ltd (No 2) (2000) 107 FCR 44 applied Levick v Commissioner of Taxation (2000) 102 FCR 155 applied Re Bendeich (No 2) (1994) 53 FCR 422 applied Assaf v Skalkos [2000] NSWSC 935 distinguished Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 referred to Waiviata Pty Ltd v New Millenium Publications Pty Ltd [2002] FCA 481 referred to Hamod v State of New South Wales [2002] FCAFC 97 referred to Calderbank v Calderbank [1975] 3 All ER 333 referred to Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 referred to Australian Competition & Consumer Commission v Universal Music Australia Pty Limited (No 2) [2002] FCA 192 applied McKerlie v State of New South Wales (No 2) [2000] NSWSC 1159 referred to Australian Competition & Consumer Commission v Amcor Printing Papers Group Ltd [2000] FCA 163 referred to John S Hayes & Associates Pty Limited v Kimberly-Clark Australia Pty Limited (1994) 52 FCR 201 referred to