Morton v Bolinda Publishing Pty Limited (No 2) [2017] FCA 532

Morton v Bolinda Publishing Pty Limited (No 2) [2017] FCA 532

Ms Anthony was entitled to attend and be separately represented to advance her privilege claim; there was no disentitling conduct by her, and costs should follow the event with Ms Morton ordered to pay Ms Anthony's costs of appearance.

Jurisdiction
Australia
Judgment Date
19 May 2017
Procedural Posture
Costs Application / Post Interlocutory Determination
Outcome
Costs awarded against applicant in favour of intervener for interlocutory appearance
Legal Topics
['legal Professional Privilege' 'costs' 'copyright']
['intellectual Property'] ['legal Professional Privilege' 'costs' 'copyright']

Case Brief

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Procedural Posture

Costs Application / Post Interlocutory Determination

Legal Issues

  1. 1 ['Whether Ms Anthony and Selwa Anthony Pty Limited are entitled to costs of their appearance in respect of their privilege claim' 'Whether their conduct was disentitling for the purposes of awarding costs']

Ratio Decidendi

Ms Anthony was entitled to attend and be separately represented to advance her privilege claim; there was no disentitling conduct by her, and costs should follow the event with Ms Morton ordered to pay Ms Anthony's costs of appearance.

Court Disposition

Costs awarded against applicant in favour of intervener for interlocutory appearance

Orders

  • ['The applicant and cross-respondent pay the costs of the appearance of Ms Selwa Anthony and Selwa Anthony Pty Limited at the interlocutory hearing on 3 and 6 April 2017.']