Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 2)

In the case of Qualify Me Pty Ltd v Get Qualified Australia Pty Ltd (No 2), the dispute between the two companies was heard in the Federal Court of Australia. The primary issue before the court was whether the usual rule that costs should follow the event should be departed from in light of each party's partial success in the interlocutory application. The applicants sought an order that the respondents pay a portion of their costs, arguing that they had been partially successful in having some paragraphs of the further amended statement of claim struck out, while the respondents argued that the remaining allegations relied on the same evidence as the struck out paragraphs and that it was reasonable for them to bring and contest the interlocutory application.

The court considered the context in which the interlocutory application was brought, including the procedural history and the fact that the FASOC was the third iteration of the applicant's claim. The court found that both parties had enjoyed some success and that the interlocutory application had allowed the applicant to put its house in order by addressing the deficiencies identified in earlier claims. The court ultimately decided that the applicants should pay 30% of the respondents' costs of the interlocutory application, and that the applicants should also pay the respondents' costs thrown away by reason of the leave granted to the applicants to replead certain paragraphs and file a second further amended statement of claim.

The final orders of the court were that the applicants pay 30% of the respondents' costs of the interlocutory application, and that the applicants pay the respondents' costs thrown away by reason of the leave granted to the applicants to replead certain paragraphs and file a second further amended statement of claim. These orders were made in accordance with Rule 39.32 of the Federal Court Rules 2011.