COSTS – application for costs of interlocutory application on an indemnity basis – where applicant sought interlocutory orders for leave to commence defamation proceedings in this Court after discontinuing defamation proceedings in the Supreme Court of Western Australia – where proceedings in Supreme Court discontinued only after applicant failed on contested interlocutory application for proceedings to be transferred to Supreme Court of Victoria – where applicant’s objective in seeking leave to commence proceedings in this Court to have litigation conducted in Western Australia – where leave granted, subject to condition that the proceedings be transferred to the Victoria Registry of the Court – where offers to compromise said to have been made by respondent – whether appropriate in the circumstances to order costs to either party – consideration of circumstances in which offer to compromise as to interlocutory issues ought bear upon appropriate costs order – held each party partly unsuccessful on the interlocutory application – appropriate order that parties bear their own costs
Original article available at: https://www.judgments.fedcourt.gov.au/judgments/Judgments/fca/single/2024/2024fca1026
For more information, see the original judgement.
