Federal Court of Australia
Federal Court of Australia
Bartlett v Roffey (No 2) [2024] FCA 1026 File number: WAD 132 of 2023
Judgment of: COLVIN J
Date of judgment: 5 September 2024
Catchwords: COSTS - application for costs of interlocutory application on an indemnity basis - where applicant sought interlocutory orders for leave to commence defamation proceedings in this Court after discontinuing defamation proceedings in the Supreme Court of Western Australia - where proceedings in Supreme Court discontinued only after applicant failed on contested interlocutory application for proceedings to be transferred to Supreme Court of Victoria - where applicant's objective in seeking leave to commence proceedings in this Court to have litigation conducted in Western Australia - where leave granted, subject to condition that the proceedings be transferred to the Victoria Registry of the Court - where offers to compromise said to have been made by respondent - whether appropriate in the circumstances to order costs to either party - consideration of circumstances in which offer to compromise as to interlocutory issues ought bear upon appropriate costs order - held each party partly unsuccessful on the interlocutory application - appropriate order that parties bear their own costs
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37N, 37M, 43
Cases cited: Bartlett v Roffey [2024] FCA 906 LFDB v SM (No 2) [2017] FCAFC 207 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Sharif v Vitruvian Investments Pty Ltd (No 5) [2024] FCA 134
Division: General Division
Registry: Western Australia
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