Ting v Superstop Auto Parts Pty Ltd

In *Ting v Superstop Auto Parts Pty Ltd*, heard before Judge Blake in the Federal Circuit and Family Court of Australia, the applicant sought costs following the discontinuance of substantive proceedings. Costs had previously been ordered but not quantified in relation to an interlocutory application. The respondent sought to recover its costs of the discontinued proceedings.

The primary legal issues before the Court were whether indemnity costs should be ordered against the applicant, and whether costs should be ordered against the applicant's former solicitor. The Court was required to determine the appropriate basis for awarding costs in circumstances where the substantive claim had been withdrawn after an earlier interlocutory order for costs had been made but not yet assessed.

Judge Blake determined that the general rule for costs should apply, meaning costs would be awarded on the standard scale. The Court found no exceptional circumstances to warrant ordering indemnity costs against the applicant. Furthermore, the Court declined to order costs against the applicant's former solicitor, as there was no evidence to suggest the solicitor had acted improperly or vexatiously in a manner that would justify such an order. The applicant was ordered to pay the respondent's costs in accordance with the standard scale.