Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 1043

FEDERAL COURT OF AUSTRALIA

Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 1043

COSTS – whether order for indemnity costs appropriate Federal Court Rules, O 23

Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 637 related SEVEN NETWORK (OPERATIONS) LIMITED v MEDIA ENTERTAINMENT AND ARTS ALLIANCE and ACTU MEMBER CONNECT PTY LTD (ACN 057 551 970) N 789 OF 2003 GYLES J 10 AUGUST 2004 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 789 OF 2003

BETWEEN: SEVEN NETWORK (OPERATIONS) LIMITED

APPLICANT

AND: MEDIA ENTERTAINMENT AND ARTS ALLIANCE

FIRST RESPONDENT

ACTU MEMBER CONNECT PTY LTD (ACN 057 551 970)

SECOND RESPONDENT

JUDGE: GYLES J

DATE: 10 AUGUST 2004

PLACE: SYDNEY

REASONS FOR RULING 1 On 21 May 2004 I delivered reasons for judgment dealing with the substance of the issues and stood the proceeding over to deal with outstanding matters (Seven Network (Operations) Limited v Media Entertainment and Arts Alliance [2004] FCA 637). These reasons should be read with those reasons. The principal issue which has been debated today concerns the appropriate orders for costs. That topic was dealt with in the previous reasons at [57]–[62]. The applicant, Seven Network (Operations) Limited (Seven), seeks orders against each respondent on a party/party basis for a period up to 15 November 2003 and thereafter on an indemnity basis. In each case the application is based upon correspondence dated 13 November 2003 forwarded to each respondent by facsimile transmission on that day making separate offers to compromise which were rejected. Neither offer was in the form prescribed by O 41 of the Rules of Court. 2 Evidence has been led on all sides. I have had the benefit of comprehensive written and oral submissions from counsel in which the facts and the law have been canvassed. I will not repeat all of that. I will indicate those aspects of the matter which have most influenced my decision.