Pacific Publications Pty Limited v Next Publishing Pty Limited [2005] FCA 971

Pacific Publications Pty Limited v Next Publishing Pty Limited [2005] FCA 971

None of the grounds advanced by the respondent justify an award of indemnity or solicitor and client costs; the applicant's conduct and rejection of the offer were not imprudent or unreasonable, and there was no improper purpose or inappropriate conduct to warrant a departure from the usual order as to costs. Costs should be awarded to the respondent on a party and party basis.

Jurisdiction
Australia
Judgment Date
14 July 2005
Procedural Posture
Costs Application / Post Judgment on Application for Special Costs Order
Outcome
Application for indemnity or solicitor and client costs refused; party and party costs ordered.
Legal Topics
['costs' 'indemnity Costs' 'solicitor and Client Costs' 'discretion in Awarding Costs']
['civil Procedure'] ['costs' 'indemnity Costs' 'solicitor and Client Costs' 'discretion in Awarding Costs']

Case Brief

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Procedural Posture

Costs Application / Post Judgment on Application for Special Costs Order

Legal Issues

  1. 1 ['Whether indemnity or solicitor and client costs should be awarded instead of party and party costs' 'Whether special or unusual features justify a special costs order']

Ratio Decidendi

None of the grounds advanced by the respondent justify an award of indemnity or solicitor and client costs; the applicant's conduct and rejection of the offer were not imprudent or unreasonable, and there was no improper purpose or inappropriate conduct to warrant a departure from the usual order as to costs. Costs should be awarded to the respondent on a party and party basis.

Court Disposition

Application for indemnity or solicitor and client costs refused; party and party costs ordered.

Orders

  • ['The applicant is to pay the costs of the respondent on a party and party basis.']