Commissioner of the Australian Federal Police v W (No 4)

The case before the court involved an application for costs by the Commissioner of the Australian Federal Police against W, concerning a stay application, a subsequent application to set aside the stay, and an extension of the stay and an adjournment of an exclusion application. The plaintiff sought indemnity costs for the stay application, the application to set aside the stay, and the application for an extension of the stay and an adjournment of the exclusion application. The plaintiff also sought costs of the exclusion application on the ordinary basis. The court was required to determine whether the defendants' non-disclosure of material matters warranted an order for indemnity costs and whether the defendants should pay the plaintiff's costs forthwith on both the ordinary and indemnity basis.

The court found that the defendants' non-disclosure of material matters when making the stay application and resisting its setting aside warranted an order for indemnity costs. The court held that the defendants' conduct was such that it demonstrated a lack of candour and warranted a costs order against them. The court further held that the defendants should pay the plaintiff's costs of the exclusion application on the ordinary basis. The court held that the defendants' conduct in relation to the stay application and the exclusion application warranted the plaintiff's costs being paid forthwith.

The court ordered the defendants to pay the plaintiff's costs of the stay application, the application to set aside the stay, and the application for an extension of the stay and an adjournment of the exclusion application forthwith on an indemnity basis. The court also ordered the defendants to pay the plaintiff's costs of the exclusion application forthwith on the ordinary basis. The court held that the defendants' conduct warranted the costs being paid forthwith, and that the plaintiff was entitled to recover its costs as a matter of urgency. The court did not make any further orders.