Western Sydney Wanderers FC Pty Ltd v Football Australia Limited (No 2)

In this matter, Western Sydney Wanderers FC Pty Ltd sued Football Australia Limited over a dispute concerning the distribution of funds from the National Rugby League's (NRL) television rights. The case was heard in the Federal Court of Australia. The plaintiff sought a declaration and an account of profits from the defendant, alleging that the defendant misappropriated funds owed to them under their agreement.

The legal issues before the court were whether the plaintiff was entitled to the declaration and account of profits sought, and if so, what the appropriate quantification of those profits should be. Additionally, the court needed to determine the appropriate basis for awarding costs, including whether indemnity costs were applicable.

The court found in favour of the plaintiff on both the declaration and the account of profits, but held that the plaintiff was not entitled to the full amount claimed. In quantifying the costs, the court considered the indemnity principle, which allows the prevailing party to recover their costs from the losing party. The court determined that the plaintiff was entitled to indemnity costs, as the defendant's conduct was vexatious and without merit. The court ordered the defendant to pay the plaintiff's costs of the proceeding on the indemnity basis.