White Industries (Qld) Pty Ltd v Flower and Hart (No 2)

White Industries (Qld) Pty Ltd and Flower and Hart were involved in a legal dispute, the specifics of which were not detailed in the provided text. The case was heard in the Federal Court of Australia. The primary issue before the court was whether the jurisdiction granted under section 43 of the Act allowed for the awarding of interest on costs. Flower and Hart argued that section 43 only granted the power to award costs and did not include any authority to award interest on those costs. They further contended that section 51A did not confer any power on the court to award interest on any costs ordered to be paid. According to Flower and Hart, a "cause of action" for interest on costs only arose when the court ordered costs to be paid, not when a party paid its legal advisers for incurred or anticipated costs.

The court considered the expansive nature of the jurisdiction to award costs under section 43, noting that it was not narrowly defined by Parliament. The Full Court in Caboolture Park Shopping Centre Pty Ltd (In Liq) v White Industries (Qld) Pty Ltd and the High Court in Knight v FP Special Assets Limited had both recognised the broad discretion of the court to make orders for costs. The court held that the jurisdiction conferred by section 43 was sufficiently wide to include the power to award interest on costs, as the absence of a narrower definition suggested an intention to confer a broad discretion. The court found that the argument limiting the jurisdiction based on potential abuse was not persuasive, as the court had the authority to develop principles governing the exercise of the discretion to prevent any abuse.