Switzerland Insurance Australia Ltd v Mowie Fisheries Pty Ltd

Switzerland Insurance Australia Limited appealed against an order made by a judge of the Federal Court of Australia, with Mowie Fisheries Pty Limited as the respondent. The initial appeal was dismissed, with an order staying the enforcement of a particular decision for a limited period, pending any further submissions on costs by the parties. Switzerland Insurance subsequently sought a review of the costs order, arguing that the respondent should either bear its own costs or that the appellant should pay only a fraction of the respondent's costs. In response, Mowie Fisheries sought an indemnity costs order or, alternatively, that the usual rule of costs following the event should apply.

The court found that neither of the grounds advanced by Switzerland Insurance warranted a departure from the usual rule that costs should follow the event. The argument that the appeal would have succeeded but for the invalidity of a particular regulation was deemed insufficient to alter the standard costs order. Similarly, the contention that the respondent failed on the issues raised by the notice of contention was rejected as the majority judgment did not address these issues, and it was not unreasonable for the respondent to have raised them. The court held that the costs order should reflect the usual rule, and the stay on enforcement of the original decision was discharged.