Capic v Ford Motor Company of Australia Limited (Costs Forthwith)

The case of Capic v Ford Motor Company of Australia Limited (Costs Forthwith) involved a dispute between the applicant, Mr Capic, and the respondent, Ford Motor Company of Australia Limited. The applicant sought relief in the Federal Court of Australia regarding an anti-suit injunction. The respondent, in turn, sought dismissal of the applicant’s application and applied for an anti-suit injunction against Mr Capic. Additionally, the respondent sought an order for costs to be paid forthwith. The central issue before the court was whether the applicant should bear the costs of the respondent's application and whether the respondent was entitled to costs payable forthwith, given that it had obtained multiple costs orders on various interlocutory applications.

The court considered the circumstances surrounding the costs payable forthwith. It examined whether the respondent's previous success in obtaining costs orders on multiple interlocutory applications justified a departure from the ordinary rule in Federal Court Rules 2011 (Cth) r 40.13. The court evaluated the overall conduct of the proceedings and the respondent's position, which had been successful in securing interim relief and costs orders. The court found that the respondent's conduct warranted the imposition of costs payable forthwith.

Ultimately, the court dismissed the respondent's application for an anti-suit injunction and ordered that the interlocutory application be dismissed. The court held that the applicant should pay the respondent’s costs of the interlocutory application. This decision underscored the importance of the court's discretion in managing costs and ensuring that the proceedings were conducted fairly and efficiently.