Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607

Federal Court of Australia

Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607 File number: NSD 673 of 2022

Judgment of: WIGNEY J

Date of judgment: 22 December 2022

Catchwords: COSTS – interlocutory applications regarding strike out of pleadings – submissions on costs for interlocutory hearings – broad discretion of Court under s 43(2) of Federal Court of Australia Act 1976 (Cth) – general principle that costs follow the event – consideration of particular facts and circumstances justifying departure from general principle – interlocutory applications unsuccessful – order for costs in the cause

Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2) Defamation Act 2005 (NSW) s 29A

Cases cited: Murdoch v Private Media Pty Ltd [2022] FCA 1275 O'Keeffe Nominees Proprietary Limited v BP Australia (No 2) (1995) 55 FCR 591; [1995] FCA 109

Division: General Division

Registry: New South Wales

National Practice Area: Other Federal Jurisdiction

Number of paragraphs: 18

Date of hearing: 30 November, 1 December 2022

Counsel for the Applicant: Ms S Chrysanthou SC

Solicitor for the Applicant: Mr J Churchill

Counsel for the Respondents: Mr M Hodge KC and Ms C Amato

Solicitor for the Respondents: Marque Lawyers

ORDERS NSD 673 of 2022

BETWEEN: LACHLAN KEITH MURDOCH Applicant

AND: PRIVATE MEDIA PTY LIMITED First Respondent

BERNARD KEANE Second Respondent

PETER FRAY Third Respondent

order made by: WIGNEY J DATE OF ORDER: 22 December 2022

THE COURT ORDERS THAT:

1. Costs for the interlocutory applications filed respectively by the applicant on 22 September 2022 and by the respondents on 5 October 2022 be costs in the cause. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.