Alijagic v Australian Bosnian-Hercegovina Cultural Association Incorporated

The case of Alijagic v Australian Bosnian-Hercegovina Cultural Association Incorporated was heard in the Federal Circuit Court of Australia. The plaintiff, Alijagic, sought an order for the defendant, the Association, to pay costs related to proceedings that had been discontinued by consent. The dispute involved claims of defamatory publications and a counterclaim by the Association. The parties had agreed to discontinue the proceedings, but the plaintiff sought an order for costs.

The primary legal issue before the court was whether the plaintiff was entitled to costs under the general rule that costs follow the event, despite the proceedings being discontinued by consent. The court needed to determine if there were any circumstances that justified an order for costs in favour of the plaintiff, particularly since the proceedings were discontinued by mutual consent.

The court considered the general principle that costs follow the event, which means that the losing party is generally required to pay the costs of the winning party. However, the court also recognised that this principle is not absolute and can be departed from in certain circumstances. In this case, the court found that since the proceedings were discontinued by consent, there was no clear winner or loser, and therefore, the general rule did not strictly apply. The court decided that there were no exceptional circumstances that warranted an order for costs in favour of the plaintiff.

In conclusion, the court dismissed the plaintiff's application for costs, holding that the general rule did not apply due to the proceedings being discontinued by consent. No party was ordered to pay the other's costs.