Spence v Rigging Rentals WA Pty Ltd [2016] FCA 154

FEDERAL COURT OF AUSTRALIA

Spence v Rigging Rentals WA Pty Ltd [2016] FCA 154 File number(s): WAD 301 of 2014

Judge(s): GILMOUR J

Date of judgment: 25 February 2016

Catchwords: COSTS – apportionment of costs – discretion to award costs – interest on taxed costs under rule 40.32 of the Federal Court Rules 2011 – post judgment interest

Legislation: Federal Court of Australia Act 1976 ss 43, 52 Federal Court Rules 2011 r 40.32

Cases cited: General Manager of the Fair Work Commission v Thomson (No 4) [2015] FCA 1433 Queensland North Australia Pty Ltd v Takeovers Panel (No 2) [2015] FCAFC 128 Ruddock v Vadarlis (No 2) (2001) 115 FCR 22 Stewart v Atco Controls Pty Ltd (in liq) (No 2) (2014) 252 CLR 331

Date of hearing: Determined on the papers

Registry: Western Australia

Division: General Division

National Practice Area Commercial and Corporations

Sub-area: Corporations and Corporate Insolvency

Category: Catchwords

Number of paragraphs: 16

Solicitor for the Applicant: Mr S Alteruthemeyer of Morgan Alteruthemeyer Legal

Solicitor for the Respondents: Ms M Coulson of Coulson Legal

ORDERS WAD 301 of 2014

BETWEEN: ERIC MYLES JOHN SPENCE Applicant

AND: RIGGING RENTALS WA PTY LTD (ACN 105 556 563) First Respondent

CLIFFORD MCGILLVRAY Second Respondent

CRAIG SWEETAPPLE Third Respondent

JUDGE: GILMOUR J DATE OF ORDER: 25 FEBRUARY 2016

THE COURT ORDERS THAT:

1. The Second and third Defendants jointly and severally pay the Plaintiff's costs of the action to be taxed if not agreed. 2. The First Defendant pay the Plaintiff's costs of the cross-claim to be taxed if not agreed. 3. The First, Second and Third Defendants jointly and severally pay the Plaintiff's costs of this application to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.