Top Plus Pty Ltd and Anor v Muse Entertainment Pty Ltd and Ors (No.3)

In *Top Plus Pty Ltd and Anor v Muse Entertainment Pty Ltd and Ors (No.3)*, heard by Judge Simpson in the Federal Circuit Court of Australia, the dispute concerned the costs arising from the setting aside of default orders and an application to set aside judgment. The applicants sought these costs, while the respondents were primarily concerned with the payment of funds into court.

The court was required to determine the appropriate costs to be awarded to the applicants following the successful setting aside of default orders and judgment. Additionally, the court needed to decide on the quantum and conditions for a payment into court by the first respondent.

Judge Simpson ordered that the first and second respondents jointly pay the applicants' costs thrown away as a result of the setting aside of the default orders and the costs associated with the application to set aside judgment, fixing this sum at $19,000, payable forthwith. Furthermore, the first respondent was ordered to pay $50,000 into the Federal Circuit Court of Australia within 14 days, with these funds to remain in court pending further order.