Forbes Engineering (Asia) Pte Limited v Forbes (No 5) [2009] FCA 873

FEDERAL COURT OF AUSTRALIA

Forbes Engineering (Asia) Pte Limited v Forbes (No 5) [2009] FCA 873

COSTS – section 43 of the Federal Court of Australia Act 1976 (Cth) – both parties partially successful – applicant successful in minor monetary claim and majority of issues – respondent successfully defended major monetary claim – defendants unsuccessful in majority of defences raised – principles for awarding costs – exceptions to the rule that costs follow the event – cost of respondents' partially successful notice of motion – principles where a respondent not active in proceedings Held: respondents entitled to costs of interlocutory application for non-party discovery – second respondent not active in proceedings and not entitled to award of costs for or against her – otherwise no other order as to costs for substantive proceedings or notice of motion of 12 September 2007

Evidence Act 1995 (Cth) ss 135, 136 Federal Court of Australia Act 1976 (Cth) s 43

Australian Trade Commission v Disktravel [2000] FCA 62 cited Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 followed Elliott v Lord Rokeby (1881) 7 App Cas 43 cited Emirates v Australian Competition and Consumer Commission (No 2) [2009] FCA 492 cited Forbes Engineering (Asia) Pte Limited v Forbes [2007] FCA 67 cited Forbes Engineering (Asia) Pte Limited v Forbes (No 4) [2009] FCA 675 cited Interim Advance Corporation Pty Ltd trading as Aussie Cash v Commissioner for Consumer Protection (2009) WASC 1 cited Leading Edge Events Australia Pty Ltd v Kiri Te Kanawa (No 2) (2007) NSWSC 568 cited New South Wales Dairy Corporation v Murray-Goulburn Co-Operative Company Limited (1989) 14 IPR 75 cited The Ritz Hotel Ltd v Charles of the Ritz Ltd (1989) AIPC 38,940 (90-567) FORBES ENGINEERING (ASIA) PTE LIMITED (COMPANY NO 1997 020 35N) and FORBES ENGINEERING HOLDINGS (AUSTRALIA) PTY LIMITED (ACN 010 832 023) v MARK FORBES and KAREN LEE FORBES