Michael Wilson & Partners Ltd v Porter (No 3)

In the Federal Court of Australia, Michael Wilson & Partners Ltd sought indemnity costs against Porter. The application for indemnity costs related to an interlocutory application brought by Michael Wilson & Partners Ltd against Porter on 6 May 2022. The primary legal issue before the court was whether Michael Wilson & Partners Ltd was entitled to indemnity costs due to the poor preparation and execution of the interlocutory application against Porter. The court needed to determine if the application was shockingly poorly prepared, cast scandalous allegations, was hopeless, and should never have been brought.

The court found that the application was shockingly poorly prepared and run, casting scandalous allegations about Porter like confetti. The application was deemed hopeless and should never have been brought. The court granted the application for indemnity costs, noting the egregious nature of the application against Porter. The court also outlined the process for determining the lump-sum costs of the interlocutory application, including the submission of affidavits and written submissions by the parties.

The final orders included that Michael Wilson & Partners Ltd pay Porter’s costs of the interlocutory application on an indemnity basis. The costs were to be determined on a lump-sum basis and referred to the Registrar of the Court. The parties were required to file affidavits and written submissions in accordance with the specified timelines and practice notes. These orders were entered in accordance with Rule 39.32 of the Federal Court Rules 2011.