Telstra Corp Ltd v First Netcom Pty Ltd [1998] FCA 656

Telstra Corp Ltd v First Netcom Pty Ltd [1998] FCA 656

There were not sufficiently special circumstances to justify indemnity costs against First Netcom. Telstra was awarded party/party costs for the motions of 14 and 17 July 1997, and those costs, together with those awarded by the Full Court on 2 September 1997, should be taxed and paid forthwith because the issues were discrete and interlocutory, and justice required such orders due to prospective delay.

Parties
Applicant: Telstra Corporation Ltd; Respondent: First Netcom Pty Ltd
Jurisdiction
Australia
Judgment Date
07 May 1998
Procedural Posture
Costs Determination in Federal Commercial Proceedings / Post Interlocutory, Costs of Specified Interlocutory Applications
Outcome
Costs orders made in favour of Telstra on a party/party basis for certain motions, payable forthwith; no orders as to costs for other motions.
Legal Topics
Costs, Indemnity Costs, Interlocutory Applications, Party/party Costs
Civil Procedure Costs Indemnity Costs Interlocutory Applications Party/party Costs

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Parties

Telstra Corporation Ltd

Applicant

First Netcom Pty Ltd

Respondent

Procedural Posture

Costs Determination in Federal Commercial Proceedings / Post Interlocutory, Costs of Specified Interlocutory Applications

Legal Issues

  1. 1 Whether costs of certain interlocutory motions should be ordered on an indemnity or party/party basis and made payable forthwith
  2. 2 Whether there are special circumstances justifying indemnity costs

Ratio Decidendi

There were not sufficiently special circumstances to justify indemnity costs against First Netcom. Telstra was awarded party/party costs for the motions of 14 and 17 July 1997, and those costs, together with those awarded by the Full Court on 2 September 1997, should be taxed and paid forthwith because the issues were discrete and interlocutory, and justice required such orders due to prospective delay.

Court Disposition

Costs orders made in favour of Telstra on a party/party basis for certain motions, payable forthwith; no orders as to costs for other motions.

Orders

  • The respondent pay the applicant's costs of the respondent's motion of 14 July 1997 on a party/party basis.
  • The respondent pay the applicant's costs of the applicant's motion of 17 July 1997 on a party/party basis.