Seven Network Limited v News Limited [2004] FCA 75

Seven Network Limited v News Limited [2004] FCA 75

The circumstances did not warrant indemnity costs because parties should not be discouraged from narrowing issues by abandoning claims, the 1997 Agreement claim was not simply a repetition of the earlier rejected pleadings and had arguments advanced in support of it, and the access dispute pleading was not misconceived from the outset and had difficulties of a kind that commonly lead to strike out applications without indemnity costs.

Jurisdiction
Australia
Judgment Date
12 February 2004
Procedural Posture
Costs Application in Federal Court Proceeding / After Applicants' Motion to Amend Pleadings Was Dismissed by Consent; Determination of Telstra's Request for Indemnity Costs
Outcome
Telstra's application for indemnity costs was refused; costs remained payable on the usual basis under the consent costs order already made.
Legal Topics
['indemnity Costs' 'amendment of Pleadings' 'withdrawal of Motion' 'costs Thrown Away']
['civil Procedure' 'costs'] ['indemnity Costs' 'amendment of Pleadings' 'withdrawal of Motion' 'costs Thrown Away']

Case Brief

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Procedural Posture

Costs Application in Federal Court Proceeding / After Applicants' Motion to Amend Pleadings Was Dismissed by Consent; Determination of Telstra's Request for Indemnity Costs

Legal Issues

  1. 1 ["Whether the applicants should pay Telstra's costs of the motion up to 23 January 2004 on an indemnity basis." 'Whether the proposed 1997 Agreement claim and access dispute claim were so misconceived or hopeless as to warrant indemnity costs.']

Ratio Decidendi

The circumstances did not warrant indemnity costs because parties should not be discouraged from narrowing issues by abandoning claims, the 1997 Agreement claim was not simply a repetition of the earlier rejected pleadings and had arguments advanced in support of it, and the access dispute pleading was not misconceived from the outset and had difficulties of a kind that commonly lead to strike out applications without indemnity costs.

Court Disposition

Telstra's application for indemnity costs was refused; costs remained payable on the usual basis under the consent costs order already made.

Orders

  • ["No order be made in relation to the costs of the applicants' motion filed 9 December 2003, other than order 9 of the orders made on 9 February 2004." "The applicants pay the respondents' costs of the motion up to 23 January 2004 and the costs thrown away by reason of the amendments in the current statement of...