Abstract

Article

Costs

Costs are in the court’s discretion, which is unconfined but must be exercised judicially according to relevant considerations in thelight of the contextual features and facts: Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113. it is guided by settled principle: Oshlack v Richmond River Council (1998) 193 CLR 72, and is generally exercised in favour of the successful party: Foots v Southern Cross Mine Management Pty Ltd  (2007) 234 CLR 52 at [25]; Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53 at [6]. Order for cost to be costs in the cause where both parties failed in an interlocutory proceeding: Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance (No 2) [2021] FCAFC 53.