In the matter of Moula Money Pty Limited (No 2)

In this case, Moula Money Pty Limited, the first respondent, appealed against a decision made by the Federal Circuit Court of Australia in relation to a dispute between the applicant and the first respondent. The applicant sought to enforce a foreign arbitration award made in the United Arab Emirates against the first respondent. The Federal Circuit Court had ordered that the first respondent pay the applicant costs of the proceeding. The first respondent appealed the decision to the Full Court of the Federal Court of Australia, arguing that the primary judge erred in ordering the costs to be paid.

The court was required to determine whether the primary judge erred in ordering the first respondent to pay costs to the applicant. The first respondent argued that the primary judge's decision was incorrect because the applicant had not been successful in its application to enforce the arbitration award. The first respondent submitted that the primary judge should have considered the merits of the application, rather than simply ordering costs.

The court found that the primary judge's decision was correct. The court held that the primary judge was entitled to order costs in favour of the applicant, even if the application was not entirely successful. The court held that the primary judge was not required to consider the merits of the application, but rather whether the applicant had a good arguable case. The court found that the applicant had a good arguable case, and therefore the primary judge's decision was correct. The appeal was dismissed.

The Full Court of the Federal Court of Australia dismissed the appeal and affirmed the decision of the primary judge. The first respondent was ordered to pay the costs of the appeal.