Smolle v Australia and New Zealand Banking Group Limited (No 2) [2007] FCA 1967

FEDERAL COURT OF AUSTRALIA

Smolle v Australia and New Zealand Banking Group Limited (No 2) [2007] FCA 1967

COSTS — application for costs pursuant to Federal Court of Australia Act 1976 (Cth) s 43 following summary dismissal — application for indemnity costs and alternatively for costs on solicitor and own client basis — distinction between indemnity costs and solicitor and own client costs — relevant principles when ordering costs on basis other than party and party Federal Court of Australia Act 1976 (Cth) s 43 Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 discussed EMI Records Ltd v Ian Cameron Wallace Ltd [1983] 1 Ch 59 discussed Giles v Randall [1915] 1 KB 290 referred to Thors v Weekes (1989) 92 ALR 131discussed Amadio Pty Ltd v Henderson (1998) 81 FCR 149discussed Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397referred to connect.com.au Pty Ltd v GoConnect Australia Pty Ltd (2000) 178 ALR 348referred to HARALD SMOLLE AND ELKE SMOLLE v AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED, LEO JOHN REYNOLDS AND LINDA GROSS VID1622 OF 2005

WEINBERG J

12 DECEMBER 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID1622 OF 2005

BETWEEN: HARALD SMOLLE

First Applicant

ELKE SMOLLE

Second Applicant

AND: AUSTRALIA AND NEW ZEALAND BANKING GROUP LIMITED

First Respondent

LEO JOHN REYNOLDS

Second Respondent

LINDA GROSS

Third Respondent

JUDGE: WEINBERG J

DATE OF ORDER: 12 DECEMBER 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The applicants pay the first respondent's costs, including reserved costs, such costs to be taxed in default of agreement, and on an indemnity basis. 2. The monies presently held by the first respondent's solicitors be released to the first respondent as part of the costs recoverable against the applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.