McIntosh & Anor as Trustees of the Estate of Camm (A Bankrupt) v. Linke Nominees P/L (No 2)

McIntosh and another, as trustees of the estate of Camm, a bankrupt, filed a lawsuit against Linke Nominees P/L. The dispute centred around an earlier costs order that McIntosh and their co-trustee sought to modify. The case was heard in the Federal Court of Australia.

The primary legal question before the court was whether the initial costs order, which allocated costs between the parties, should be amended. This required the court to consider the circumstances under which costs orders are typically altered and the principles that guide such decisions. The court had to determine if there were sufficient grounds to modify the original order.

In delivering the judgment, the court found that the original costs order should be amended. The second defendant was ordered to pay the plaintiffs' costs on an indemnity basis, reflecting the court's view that the second defendant should bear the costs incurred by the plaintiffs. The first defendant's costs were to be paid by the second defendant on the standard basis, indicating a partial reimbursement for costs incurred. Additionally, the plaintiffs were required to pay the defendants' costs that were reserved by another judge on a specified date, again on the standard basis. These orders reflect the court's assessment of the respective responsibilities and entitlements of the parties involved in the litigation.