APC v Mr B (No 6)

The Australian Charities and Not-for-profits Commission, trading as the Australian Charities and Not-for-profits Commission (APC) sued Mr B for damages for misleading or deceptive conduct under section 18 of the Australian Consumer Law. The APC alleged that Mr B had misled the public as to the charitable purpose of a foundation he created and operated. The APC further sought costs and interest in relation to the proceeding. The matter was heard in the Federal Court of Australia.

The court was required to determine whether it should make an order for gross costs and, if so, whether the order should be made on an ordinary basis, an indemnity basis, or a combination of both. The court was required to determine these questions in light of the evidence presented by the APC in support of the orders and the absence of any opposition by Mr B. The court was also required to consider whether the costs claimed were reasonable and whether they were incurred necessarily.

The court found that the APC had demonstrated that the costs claimed were reasonable and had been incurred necessarily. The court found that the orders sought by the APC were supported by relevant evidence and were not opposed by Mr B. The court found that it was appropriate to make a costs order in favour of the APC. The court found that it was appropriate to make the order on both an ordinary and indemnity basis as the APC had not elected to proceed on one basis or the other and the orders were not opposed. The court made an order for gross costs, including costs on both an ordinary and indemnity basis.