Tower Australia Ltd v Ambridge Investments Pty Ltd

Tower Australia Limited (Tower) sought an interlocutory injunction against Ambridge Investments Pty Ltd (Ambridge) to prevent it from using confidential information. Ambridge successfully opposed the application, leading to an application for costs by Ambridge. The court had to determine whether Ambridge was entitled to costs and, if so, the quantum of those costs. The court acknowledged that Ambridge had a good arguable case for opposing the injunction and that it had acted reasonably in doing so. The court found that the application for costs was justified and ordered Tower to pay Ambridge's costs of the proceedings.

The court noted that the application for costs was not an application for costs on the indemnity basis but rather an application for costs on the standard basis. The court assessed the reasonableness of the costs claimed and ordered Tower to pay a portion of Ambridge's costs, which were deemed reasonable and necessary. The court emphasised the importance of parties acting reasonably and responsibly in litigation, particularly in interlocutory proceedings. The court ordered that Tower pay Ambridge's costs of the application for costs, which were assessed at $30,000.