Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Winspear v Mackinnon [2008] FCA 322
COSTS – judicial discretion to award costs – whether costs should be awarded to the successful party on an indemnity basis – whether costs should be paid by first defendant only Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225, followed Australian Competition and Consumer Commission v Leahy Petroleum Pty Ltd [2007] FCA 1844, followed J Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers, West Australia Branch (No 2) (1993) 46 IR 301, followed
ROSALIND WINSPEAR v NEIL GIBLIN MACKINNON, DEIDRE MACKINNON, ROCKLANDS PTY LTD (ACN 009 501 919) AND DALNESS PTY LTD (ACN 009 484 020) TAD 40 OF 2005
MARSHALL J
11 MARCH 2008
HOBART
IN THE FEDERAL COURT OF AUSTRALIA
TASMANIA DISTRICT REGISTRY TAD 40 OF 2005
BETWEEN: ROSALIND WINSPEAR
Plaintiff
AND: NEIL GIBLIN MACKINNON
First Defendant
DEIDRE MACKINNON
Second Defendant
ROCKLANDS PTY LTD (ACN 009 501 919)
Third Defendant
DALNESS PTY LTD (ACN 009 484 020)
Fourth Defendant
JUDGE: MARSHALL J DATE OF ORDER: 11 MARCH 2008
WHERE MADE: HOBART
THE COURT ORDERS THAT:
1. The first defendant pay the plaintiff's costs of and related to the hearing on 28 November 2007, such costs being assessed on an indemnity basis. 2. The first defendant otherwise pay the plaintiff's costs to be assessed on a party-party basis. 3. There is no order as to the costs of today's hearing. 4. The plaintiff's application is otherwise adjourned to a telephone directions hearing to be held at 9.30 am on 26 March 2008. 5. Liberty to apply with respect to the timing of the directions hearing in the preceding order. 6. The first defendant indemnify and if necessary reimburse the third and fourth named defendants of and in respect of all and any costs paid, disbursed, incurred or payable by them and incidental to the action as own solicitor client costs and expenses or otherwise. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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