Brown and Brown (Costs)

The Full Court of the Federal Court of Australia, comprising Kay, Warnick and Boland JJ, considered an application for costs in proceedings between Brown and Brown. The underlying dispute concerned an application for an interlocutory injunction.

The primary legal issue before the Full Court was whether the unsuccessful party, Brown, should be ordered to pay the costs of the successful party, Brown, in relation to the interlocutory injunction proceedings. This involved an assessment of the conduct of the parties during the litigation and whether any exceptional circumstances warranted a departure from the usual rule that costs follow the event.

The Court applied the general principle that costs should follow the event, meaning the unsuccessful party should bear the costs of the successful party. However, the Court also considered whether the conduct of the parties warranted a different outcome. In this instance, the Court found no exceptional circumstances to justify deviating from the usual rule. Accordingly, the Court ordered that the unsuccessful party pay the costs of the successful party.