Pacific Publications Pty Limited v Next Publishing Pty Limited [2005] FCA 971

FEDERAL COURT OF AUSTRALIA

Pacific Publications Pty Limited v Next Publishing Pty Limited [2005] FCA 971 COSTS – indemnity costs – solicitor and client costs – exercise of discretion to award costs – factors to be taken into account in making a special order as to costs – whether history of matter disclosed special or unusual features so as to warrant an award of indemnity or solicitor and client costs – whether applicant failed to recognise that its application would inevitably fail – whether applicant's refusal of offer of compromise was unreasonable or imprudent – whether proceedings were commenced for an improper purpose – whether conduct of proceedings was inappropriate

Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 62 Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 referred to Ruddock v Vardalis (2001) 115 FCR 229 referred to InterTAN Inc v DSE (Holdings) Pty Limited [2005] FCAFC 54 referred to Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 applied John S Hayes and Associates Pty Ltd v Kimberley-Clarke Australia Pty Ltd (1994) 52 FCR 201 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 applied NMFM Property Pty Ltd v Citibank (2001) 109 FCR 77 applied MGICA (1992) Ltd v Kenny and Good Pty Ltd (No. 2) (1996) 70 FCR 236 applied Tickell v Trifleska Pty Ltd (1990) 25 NSWLR 353 referred to Hobartville Stud v Union Insurance Co Ltd (1991) 25 NSWLR 358 referred to Williams v Commonwealth Bank of Australia [1995] FCA 992 referred to J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers - Western Australia Branch (No 2) (1993) 46 IR 301 applied PACIFIC PUBLICATIONS PTY LIMITED (ACN 097 410 986) v NEXT PUBLISHING PTY LIMITED (ACN 002 647 645) NSD 1569 OF 2004 TAMBERLIN J SYDNEY 14 JULY 2005