3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd (No 2) [2021] FCA 1371

Federal Court of Australia

3 Property Group 13 Pty Ltd (in liq) v 3 Property Group 17 Pty Ltd (No 2) [2021] FCA 1371 File number(s): NSD 953 of 2021

Judgment of: HALLEY J

Date of judgment: 5 November 2021

Catchwords: COSTS – costs of interlocutory application to vacate an order extending the operation of a caveat – where order made in interlocutory hearing that the respondent pay the applicants' costs of and incidental to the hearing – where respondents applied for an order that costs be each party's costs in the cause – discretionary power to award costs –whether principles relevant to the award of costs for interlocutory injunctions are applicable to an interlocutory challenge to the continuation of a caveat – whether order that the applicant's costs be costs in the cause is an appropriate moderation of the general principle in r 40.04(a) of the Federal Court Rules 2011 (Cth) that costs follow the event – where interlocutory hearing preserved the status quo pending final determination – existing costs order vacated – applicants' costs are costs in the cause

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.04

Cases cited: Devereaux Holdings Pty Limited v Pelsart Resources NL (No 2) (unreported, Supreme Court of New South Wales, Young J, 24 July 1985) His Eminence Metropolitan Petar, Diocesan Bishop of the Macedonian Orthodox Church of Australia and New Zealand & Anor v The Macedonian Orthodox Community Church St Petka Incorporated & Anor (No 2) [2007] NSWCA 142 International Computer Network Pty Ltd v Lumos International Pty Ltd [2018] NSWSC 1793 InterPharma Pty Ltd v Hospira, Inc (No 4) [2018] FCA 45 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Stone Living Pty Ltd v 3 Property Group 9 Pty Ltd (No 2) (2020) ACTSC 357 Summers v Repatriation Commission (No 2) [2015] FCAFC 64 Vantage Holdings Pty Ltd v Huang (No 2) (2015) 232 FCR 556; [2015] FCA 185