Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 11) [2009] FCA 590

FEDERAL COURT OF AUSTRALIA

Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 11) [2009] FCA 590

COSTS – notice of motion seeking non-party costs against wife of second applicant to substantive proceedings – first and second respondents unsuccessful on primary issue raised in notice of motion – first and second respondents successful on minor issue – whether wife of second applicant entitled to costs on an indemnity basis – reserved costs from interlocutory hearings Held: no circumstances justifying award of costs against first and second respondents on an indemnity basis – wife of second applicant entitled to reserved costs of interlocutory hearings and 85% of her costs on the notice of motion on a party and party basis

Federal Court of Australia Act 1976 (Cth) s 43 Australian Competition and Consumer Commission v Prouds Jewellers Pty Ltd [2008] FCAFC 199 cited Australian Trade Commission v Disktravel [2000] FCA 62 cited Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 cited Caboolture Park Shopping Centre Pty Ltd (in liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 cited Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 8) [2008] FCA 1556 related Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 10) [2009] FCA 498 related Colgate-Palmolive v Cussons (1993) 46 FCR 225 cited Emirates v Australian Competition and Consumer Commission (No 2) [2009] FCA 492 cited Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 cited InterTAN Inc v DSE (Holdings) Pty Ltd [2005] FCAFC 54 cited CITRUS QUEENSLAND PTY LTD (ACN 110 855 359), PETER MICHAEL TRACY and SUNSTATE CITRUS PTY LTD (ACN 112 847 560) [SUBJECT TO DEED OF COMPANY ARRANGEMENT] v SUNSTATE ORCHARDS PTY LTD (ACN 095 659 733), ANDREW COLIN STRAHLEY and DAVID BREED