McHugh v Australian Jockey Club Limited (No 14) [2013] FCA 77

McHugh v Australian Jockey Club Limited (No 14) [2013] FCA 77

The applicant failed against the first, second, third and sixth respondents and did not establish special circumstances justifying departure from the ordinary costs order. The litigation was commercial, the applicant was personally interested in the outcome, the case turned largely on questions of fact, and it was not shown to be public interest litigation for breeders generally or to have materially developed the law. The fifth respondent's participation and interests did not justify a general costs order, but because the applicant sought and used discovery from the fifth respondent, and similar access outside joinder would likely have required compensating subpoena compliance, the...

Jurisdiction
Australia
Judgment Date
15 February 2013
Procedural Posture
Costs / Determined on the Papers
Outcome
The applicant was ordered to pay the costs of the first, second, third and sixth respondents and the fifth respondent's costs of complying with discovery obligations; the fifth respondent's application for costs was otherwise dismissed.
Legal Topics
['unsuccessful Applicant Costs' 'public Interest Litigation Costs' 'costs Discretion' 'joinder Costs' 'discovery Costs']
['costs'] ['unsuccessful Applicant Costs' 'public Interest Litigation Costs' 'costs Discretion' 'joinder Costs' 'discovery Costs']

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Procedural Posture

Costs / Determined on the Papers

Legal Issues

  1. 1 ['Whether the unsuccessful applicant should be ordered to pay all of the costs of the first, second, third and sixth respondents or only a proportion because the litigation was said to be predominantly in the public interest.' 'Whether the fifth respondent, which was joined on its own application and against which no relief was sought, should receive a costs order for discovery, affidavit evidence, or other participation in the proceedings.']

Ratio Decidendi

The applicant failed against the first, second, third and sixth respondents and did not establish special circumstances justifying departure from the ordinary costs order. The litigation was commercial, the applicant was personally interested in the outcome, the case turned largely on questions of fact, and it was not shown to be public interest litigation for breeders generally or to have materially developed the law. The fifth respondent's participation and interests did not justify a general costs order, but because the applicant sought and used discovery from the fifth respondent, and similar access outside joinder would likely have required compensating subpoena compliance, the...

Court Disposition

The applicant was ordered to pay the costs of the first, second, third and sixth respondents and the fifth respondent's costs of complying with discovery obligations; the fifth respondent's application for costs was otherwise dismissed.

Orders

  • ['The applicant pay the costs of the first, second, third and sixth respondents, as agreed or taxed.' "The applicant pay the fifth respondent's costs of complying with its discovery obligations, as agreed or taxed." "The fifth respondent's application for its costs be otherwise dismissed."]