Federal Court of Australia
Gore v Justice Corp Pty Ltd [2002] FCAFC 83 Gore v Justice Corp Pty Ltd [2002] FCA 354
NOTE: CHANGES TO THE MEDIUM NEUTRAL CITATION (MNC) The Federal Court adopted a new medium neutral citation (FCAFC) for Full Court judgments effective from 1 January 2002. Single Judge judgments will not be affected and will retain the FCA medium neutral citation. The transitional arrangements are as follows: * All Full Court judgments delivered prior to 1 January 2002 will retain the FCA medium neutral citation.
* All Full Court judgments delivered between 1 January 2002 to 30 April 2002 have been assigned parallel medium neutral citations in both the FCA and FCAFC series.
* All Full Court judgments delivered from 1 May 2002 will contain the FCAFC medium neutral citation only.
FEDERAL COURT OF AUSTRALIA
Gore v Justice Corp Pty Ltd [2002] FCA 354 COSTS – costs against a stranger to the litigation – discretion of the Court to award costs against a stranger – discretionary principles discussed
COSTS – prior notice – whether failure to give prior notice of a claim for costs deprives an applicant of a costs order against a non-party
Criminal Law Act 1967 (UK) ss 13, 14 Legal Practice Act – No 35/1996 (Vic) ss 98(3), 99 Maintenance and Champerty Abolition Act 1993 (NSW) Legal Profession Act 1987 (NSW) ss 186, 187, 188 Criminal Law Consolidation Act 1935 (SA) sch 11, s 3(2)(b) Federal Court of Australia Act 1976 (Cth) s 43 Supreme Court Act 1981 (UK) s 51
Butterworths Australian Legal Dictionary (1997) p 715
Ram Coomar Coondoo v Chunder Canto Mookerjee (1876) 2 AC 186 cited Magic Menu Systems Pty Ltd v AFA Facilitation Pty Ltd (1997) 72 FCR 261 referred to Martell v Consett Iron Co Ltd [1955] Ch 363 cited Knight v F P Special Assets (1992) 174 CLR 178 discussed c.f. Caboolture Park Shopping Centre Pty Ltd (in liquidation) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 cited Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation [2001] 179 ALR 406 followed In re Cooke (1889) 5 TLR 407 referred to McDonald v FAI (NZ) General Insurance Co Ltd [1999] 1 NZLR 583 cited Money Tree Management Services v Deputy Commissioner of Taxation (2000) 46 ATR 13 considered Hill v Archbold [1968] 1 QB 686 discussed Trendtex Trading Corporation & Anor v Credit Suisse [1980] QB 629 discussed Aiden Shipping Co Ltd v Interbulk Ltd [1986] 1 AC 965 referred to Condliffe v Hislop [1996] 1 WLR 753 referred to Hayward v Giffard (1838) 4 M & W 194, 150 ER 1399 referred to McFarlane v EE Caldonia Ltd (No 2) [1995] 1 WLR 366 cited Murphy v Young and Co's Brewery [1997] 1 WLR 1591 discussed TGA Chapman Ltd v Christopher [1998] 1 WLR 12 discussed Tharros Shipping Co Ltd v Bias Shipping Ltd (No 3) [1997] 1 Lloyd's Rep 246 distinguished Giles v Thompson [1994] 1 AC 142 discussed Symphony Group Plc v Hodgson [1994] QB 179 distinguished Vestris v Cashman (1998) 72 SASR 449 considered Latoudis v Casey (1990) 170 CLR 534 followed House v The King (1936) 55 CLR 499 followed Yates v Boland [2000] FCA 1895 discussed Hamberger (Employment Advocate) v Williamson (2001) 104 IR 163 cited PETER GORE & ORS TRADING AS CLAYTON UTZ v JUSTICE CORPORATION PTY LTD N1103 of 2001 O'LOUGHLIN, WHITLAM AND MARSHALL JJ SYDNEY 28 MARCH 2002
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