Aussie Airlines Pty Ltd v Australian Airlines Ltd & Ors Qantas Airlines Ltd v Aussie Airlines Pty Ltd [1997] FCA 502

Aussie Airlines Pty Ltd v Australian Airlines Ltd & Ors Qantas Airlines Ltd v Aussie Airlines Pty Ltd [1997] FCA 502

'The event' for the purposes of Order 62 rule 15 of the Federal Court Rules is the final outcome of the principal proceeding, not interlocutory determinations such as separate question motions; thus, reserved costs from such motions do not follow interlocutory success but await final disposition absent specific court order. Further, indemnity or solicitor/own client costs were unwarranted without evidence of hopelessness or improper purpose in the injunction proceedings.

Parties
Applicant / Cross Respondent: Aussie Airlines Pty Ltd; First Respondent / First Cross Claimant: Australian Airlines Limited; Second Respondent / Second Cross Claimant: Qantas Airlines Limited; Third Respondent: Federal Airports Corporation
Jurisdiction
Australia
Judgment Date
05 June 1997
Procedural Posture
Motion in Ongoing Federal Court Proceeding / Interlocutory Costs Determination, Pre Final Determination of Principal Proceeding
Outcome
Applicant's motion dismissed; respondents' costs of motion ordered; reserved costs not awarded at this stage; applicant's request for indemnity costs refused; application for release of security money refused.
Legal Topics
Costs, Interlocutory Applications, Order 62 Rule 15 of the Federal Court Rules, Security for Costs, Discovery, Separate Questions, Indemnity Costs
Civil Procedure Costs Interlocutory Applications Order 62 Rule 15 of the Federal Court Rules Security for Costs Discovery Separate Questions Indemnity Costs

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 9 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Aussie Airlines Pty Ltd

Applicant / Cross Respondent

Australian Airlines Limited

First Respondent / First Cross Claimant

Qantas Airlines Limited

Second Respondent / Second Cross Claimant

Federal Airports Corporation

Third Respondent

Procedural Posture

Motion in Ongoing Federal Court Proceeding / Interlocutory Costs Determination, Pre Final Determination of Principal Proceeding

Legal Issues

  1. 1 Whether reserved costs of a motion for determination of separate issues should follow the 'event' prior to trial
  2. 2 Proper interpretation of 'the event' under Order 62 rule 15 of the Federal Court Rules
  3. 3 Whether indemnity or solicitor/own client costs should be awarded for an unsuccessfully maintained injunction application

Ratio Decidendi

'The event' for the purposes of Order 62 rule 15 of the Federal Court Rules is the final outcome of the principal proceeding, not interlocutory determinations such as separate question motions; thus, reserved costs from such motions do not follow interlocutory success but await final disposition absent specific court order. Further, indemnity or solicitor/own client costs were unwarranted without evidence of hopelessness or improper purpose in the injunction proceedings.

Court Disposition

Applicant's motion dismissed; respondents' costs of motion ordered; reserved costs not awarded at this stage; applicant's request for indemnity costs refused; application for release of security money refused.

Orders

  • The applicant pay the first and second respondents' taxed costs of the motion notice of which is dated 26 February 1997.
  • The applicant's motion notice of which is dated 26 May 1997 be dismissed.