Eureka Funds Management Limited & Anor v Freehills Services Pty Ltd (No 2)

The dispute between Eureka Funds Management Limited and Freehills Services Pty Ltd was heard in the Supreme Court of Queensland. The primary issue revolved around the costs associated with a successful appeal. Specifically, Eureka sought an indemnity certificate under section 4 of the Appeal Costs Act 1998, which would allow them to recover the full costs of the appeal from Freehills, who were the unsuccessful party. The court was required to determine whether the principles governing the granting of such a certificate were met in this case.

In deciding the application, the court considered the principles established in relevant case law, focusing on whether the appeal was brought and prosecuted with reasonable expedition and whether the unsuccessful party had acted unreasonably in some way that contributed to the costs incurred. The court acknowledged the complexity of the appeal and the efforts made by Eureka to expedite the process. The unreasonable conduct of Freehills, particularly in relation to the timeliness of their responses, was also highlighted. Based on these factors, the court found that the principles for granting an indemnity certificate were satisfied.

Consequently, the court granted the indemnity certificate, allowing Eureka to recover the full costs of the appeal from Freehills. This decision underscored the importance of procedural fairness and the need for parties to act reasonably and expeditiously in litigation. The final orders confirmed that Freehills were liable for the full costs of the appeal as determined by the court.