Expectation Pty Ltd v PRD Realty Pty Ltd [2003] FCA 1086

FEDERAL COURT OF AUSTRALIA

Expectation Pty Ltd v PRD Realty Pty Ltd [2003] FCA 1086

COSTS – Discretion – whether there is some special feature to justify departure from principle that costs be awarded on a party and party basis – whether appropriate to order successful respondents not have costs on an issue on which they were unsuccessful – whether applicant should have its costs on that issue – whether Sanderson or Bullock order should be made against first and second respondents in favour of third respondent – whether such an order should be on an indemnity basis Trade Practices Act 1974 (Cth) s 52 Federal Court Act 1976 (Cth) s 43 Federal Court Rules O 6 r 8, O 23 r 11(5), O 62 Nella v Kingia Pty Ltd (1989) 11 ATPR 50,402 referred to Alpine Hardwood (Aust) Pty Ltd v Hardys Pty Ltd (No 2) (2002) 190 ALR 121 referred to Calderbank v Calderbank (1975) 3 All ER 333 cited Black v Lipovac BHNF Maria Lipovac [1998] FCA 699 cited Coshott v Learoyd [1999] FCA 276 referred to McHattan v Saramoa Charters Pty Ltd [1996] FCA 891 referred to Hughes v Western Australian Cricket Association (Inc) [1986] 8 ATPR 48, 134 referred to Cretazzo v Lombardi (1975) 13 SASR 4 considered Mobile Innovations Ltd v Vodaphone Pacific Ltd (2003) NSWSC 423 mentioned Oshlack v Richmond River Council (1998) 193 CLR 72 cited Re: Wilcox: Ex parte Venture Industries (1996) 92 FCR 151 followed EXPECTATION PTY LTD (ACN 009 030 102) v PRD REALTY PTY LTD (ACN 009 954 956) and OTHERS No WG 181 of 1996 SPENDER J BRISBANE 9 OCTOBER 2003

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY WG 181 OF 1996

BETWEEN: EXPECTATION PTY LTD (ACN 009 030 102)

APPLICANT

AND: PRD REALTY PTY LTD (ACN 009 954 956)

FIRST RESPONDENT

GORDON DOUGLAS

SECOND RESPONDENT