Wilson v Manna Hill Mining Company Pty Ltd [2004] FCA 1035

Wilson v Manna Hill Mining Company Pty Ltd [2004] FCA 1035

The conduct of the second respondent, which was deliberate, premeditated, ruthless, unlawful, and unprincipled, justified an order for costs on an indemnity basis, as there were special or unusual features in the case. The fifth and sixth respondents did not exhibit conduct warranting indemnity costs, so only party and party costs were ordered against them.

Jurisdiction
Australia
Judgment Date
30 July 2004
Procedural Posture
Civil / Post Trial, Costs Determination
Outcome
Costs ordered against respondents; suppression order granted.
Legal Topics
['costs' 'indemnity Costs' 'party and Party Costs' 'suppression Order']
['practice and Procedure'] ['costs' 'indemnity Costs' 'party and Party Costs' 'suppression Order']

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 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Civil / Post Trial, Costs Determination

Legal Issues

  1. 1 ['Whether conduct of second respondent warranted order for costs on an indemnity basis' 'Whether fifth and sixth respondents should pay costs, and on what basis' 'Whether specific comments by second respondent should be suppressed from publication']

Ratio Decidendi

The conduct of the second respondent, which was deliberate, premeditated, ruthless, unlawful, and unprincipled, justified an order for costs on an indemnity basis, as there were special or unusual features in the case. The fifth and sixth respondents did not exhibit conduct warranting indemnity costs, so only party and party costs were ordered against them.

Court Disposition

Costs ordered against respondents; suppression order granted.

Orders

  • ['The second respondent pay to the applicants their costs on an indemnity basis.' 'The fifth and sixth respondents pay to the applicants their costs on a party and party basis.' "Mr Moore's comments in relation to Ms Lawton at page 12 and page 13 of the transcript of the directions hearing held on 30 July 2004 be...