Al Muderis v Nine Network Australia Pty Limited (No 3) [2024] FCA 204

Federal Court of Australia

Al Muderis v Nine Network Australia Pty Limited (No 3) [2024] FCA 204 File number: NSD 917 of 2022

Judgment of: BROMWICH J

Date of judgment: 8 March 2024

Catchwords: COSTS – where applicant ordered to pay the respondents' costs for an unsuccessful interlocutory application filed by the applicant challenging the respondents' claim of journalist privilege under s 126K(1) of the Evidence Act 1995 (Cth) – where applicant applied by leave to vary the costs order to costs in the cause – where interlocutory application wholly unsuccessful – broad discretion of Court under s 43(2) of Federal Court of Australia Act 1976 (Cth) – no sufficient reason to depart from default position that costs follow the event – circumstances do not warrant variation – held: application to vary costs order dismissed with costs

Legislation: Evidence Act 1995 (Cth) ss 126K, 135 and 136 Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules 2011 r 40.04 Defamation Act 2005 (NSW) s 29A

Cases cited: Al Muderis v Nine Network Australia Pty Ltd [2023] FCA 1623 Ashby v Commonwealth (No 2) [2012] FCA 766; 203 FCR 440 Australian Securities and Investments Commission, in the matter of Whitebox Trading Pty Ltd v Whitebox Trading Pty Ltd (No 2) [2017] FCA 385 DHP19 v Secretary of the Department of Health (No 2) [2019] FCA 1531 Duma v Fairfax Media Publications Pty Ltd (No 3) [2023] FCA 47 James v Commonwealth Bank of Australia (No 2) [2015] FCA 599 Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs v Mukiza [2022] FCAFC 105 Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607 Murdoch v Private Media Pty Ltd [2022] FCA 1275