Bartlett v Roffey (No 2)

[2024] FCA 1026

FEDERAL COURT OF AUSTRALIA

Bartlett v Roffey (No 2) [2024] FCA 1026

File number:

WAD 132 of 2023

Judgment of:

COLVIN J

Date of judgment:

5 September 2024

Catchwords:

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

Legislation:

Federal Court of Australia Act 1976 (Cth) ss 37N, 37M, 43

Cases cited:

Bartlett v Roffey [2024] FCA 906

LFDB v SM (No 2) [2017] FCAFC 207

Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72

Sharif v Vitruvian Investments Pty Ltd (No 5) [2024] FCA 134

Division:

General Division

Registry:

Western Australia

National Practice Area:

Other Federal Jurisdiction

Number of paragraphs:

21

Date of hearing:

Determined on the papers

Counsel for the Applicant:

Mr JD MacLaurin SC

Solicitor for the Applicant:

Bartlett Workplace Lawyers And Consultants

Counsel for the Respondents:

Mr S Mukerjea

Solicitor for the Respondents:

Gilbert + Tobin

ORDERS

WAD 132 of 2023

BETWEEN:

GLEN ROBERT BARTLETT

Applicant

AND:

KATE LOUISE ROFFEY

First Respondent

DAVID IAN RENNICK

Second Respondent

STEVEN JOHN MORRIS

Third Respondent

DAVID ALEXANDER ROBB
Fourth Respondent

ORDER MADE BY:	COLVIN J
DATE OF ORDER:	5 SEPTEMBER 2024

THE COURT ORDERS THAT:

1.The parties bear their own costs of and incidental to the interlocutory application dated 6 September 2023.

Note:   Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

REASONS FOR JUDGMENT

COLVIN J:

1. Mr Bartlett sought leave to commence defamation proceedings in this Court against the President and three of the directors of the Melbourne Football Club.  He did so after having discontinued proceedings commenced by him against the same parties in respect of the same publications in the Supreme Court of Western Australia.  The leave was sought to take effect as if it had been given before the proceedings in this Court were commenced.

2. I concluded that the leave sought should be given but on conditions, namely that orders be made transferring these proceedings to the Victoria Registry of this Court and requiring Mr Bartlett to discharge his liability to costs in the Supreme Court of Western Australia…