Read v Stevens Publishing Pty Ltd

Read, the applicant, filed an application for preliminary discovery against Stevens Publishing, the respondent, in the Federal Court of Australia. The application arose from an alleged breach of copyright in relation to an image published by the respondent. The applicant sought discovery orders to obtain information necessary for the prosecution of her claim. The proceedings were subsequently discontinued by the applicant, who then sought an order for costs from the respondent.

The primary legal issue before the court was whether the applicant was entitled to costs from the respondent following the discontinuation of the proceedings. The court considered the appropriate circumstances in which a party may be ordered to pay costs after a proceeding has been discontinued, as well as the principles governing costs orders generally.

The court determined that the applicant was entitled to costs from the respondent. It found that the respondent had engaged in conduct that was vexatious and oppressive, and had unreasonably delayed the proceedings. The court also noted that the applicant had conducted herself appropriately throughout the proceedings. As such, the court ordered that the respondent pay the applicant’s costs of the proceeding.

The court further ordered that leave be granted to the applicant to discontinue her proceeding. The orders were made under Rule 39.32 of the Federal Court Rules 2011.