GGPG Pty Ltd v Golden Eagle Property Group Pty Ltd (No. 2)

The case of GGPG Pty Ltd v Golden Eagle Property Group Pty Ltd (No. 2) involved a dispute between two companies, both of which have a similar name, relating to a transfer of proceedings from the Supreme Court to the Federal Court. The defendants succeeded in their application to transfer the case to the Federal Court, and the cross-application by the plaintiff was not pursued. The central issue before the court was whether the costs of these applications should follow the events, and if so, whether the court should depart from the general rule.

The court considered the principle of indemnity costs, which generally means that the losing party in legal proceedings is liable for the costs of the winning party. In this case, the plaintiff had brought an application to the Supreme Court, and the defendants subsequently applied to transfer the case to the Federal Court. The plaintiff did not pursue their cross-application to strike out the defendants' application. The court had to determine whether the plaintiff should bear the costs of both applications, or if the defendants should bear the costs of their successful application to transfer the case.

The court found that the general rule of indemnity costs applied, and that the plaintiff should bear the costs of both applications. However, the court also noted that it had the discretion to depart from this general rule in certain circumstances. The court decided that there were no exceptional circumstances present in this case that would warrant a departure from the general rule. Consequently, each party was ordered to bear their own costs of the applications.

In summary, the court held that the plaintiff should bear the costs of both the application to the Supreme Court and the successful application to transfer the case to the Federal Court. The court did not find any exceptional circumstances that would warrant a departure from the general rule of indemnity costs. Each party was ordered to bear their own costs of the applications.