McHugh v Australian Jockey Club Limited (No 14) [2013] FCA 77

FEDERAL COURT OF AUSTRALIA

McHugh v Australian Jockey Club Limited (No 14) [2013] FCA 77 Citation: McHugh v Australian Jockey Club Limited (No 14) [2013] FCA 77

Parties: BRUCE MCHUGH v AUSTRALIAN JOCKEY CLUB LIMITED, VICTORIA RACING CLUB LIMITED, AUSTRALIAN RACING BOARD LIMITED, THOROUGHBRED BREEDERS AUSTRALIA LIMITED and AUSTRALIAN TURF CLUB LIMITED

File number: NSD 1187 of 2009

Judge: ROBERTSON J

Date of judgment: 15 February 2013

Catchwords: COSTS – unsuccessful applicant– whether litigation relevantly brought in the public interest – appropriate costs order – whether applicant should pay any of the costs of a respondent joined on its own application

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 r 24.22

Cases cited: Kadkhudayan v W D & H O Wills (Australia) Ltd (2001) ATPR 41-822; [2001] FCA 645 Kadkhudayan v W D & H O Wills (Aust) Ltd (2002) ATPR 41-874; [2002] FCAFC 110 Oshlack v Richmond River Council (1998) 193 CLR 72

Date of hearing: Determined on the papers

Date of last submissions: 8 February 2013

Place: Sydney

Division: GENERAL DIVISION

Category: Catchwords

Number of paragraphs: 36

Counsel for the Applicant: Mr AI Tonking SC with Mr JE Lazarus

Solicitor for the Applicant: Brock Partners

Counsel for the First, Second and Sixth Respondents: Mr AJ Bannon SC with Dr RCA Higgins

Solicitor for the First, Second and Sixth Respondents: Johnson Winter & Slattery

Counsel for the Third Respondent: Mr BW Walker SC with Mr GES Ng

Solicitor for the Third Respondent: Yeldham Price O'Brien Lusk