Alstom Power Ltd v Yokogawa Australia Pty Ltd (No 2)

In the case of Alstom Power Ltd v Yokogawa Australia Pty Ltd (No 2), the parties involved were Alstom Power Ltd, the applicant, and Yokogawa Australia Pty Ltd, the respondent. The dispute centered around two interlocutory applications, one concerning the transfer of proceedings to the Supreme Court of New South Wales and the other pertaining to the production of documents for inspection. The court was required to decide whether an order should be made that costs be payable forthwith and whether the application for document production was misconceived.

The court examined the principles relevant to ordering costs to be payable immediately. It noted that under r 9 of Pt 52A of the Supreme Court Rules 1970, costs are generally not payable until the conclusion of proceedings. However, exceptions exist when certain conditions are met, such as unreasonable delay or default by a party, unreasonably protracted proceedings, or specific costs orders. The court also considered the case law, particularly Fiduciary Ltd v Morningstar Research Pty Ltd, which emphasized that the circumstances of each case should be considered individually. Based on these principles, the court found that the application to transfer proceedings was sufficiently self-contained to warrant an immediate costs order.

The court ruled that costs for the transfer application should be payable forthwith. However, for the document production application, the court determined that it was misconceived and thus, costs should not include counsel fees. Instead, the costs should be payable on a party and party basis. This decision reflects the court's discretion to depart from the general rule when it is just and appropriate to do so, considering the specific circumstances of the case.

In conclusion, the court ordered that costs for the transfer application be payable immediately, while the costs for the document production application be limited to party and party costs, payable on a party and party basis.