Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Factory 5 Pty Ltd (In Liq) v State of Victoria (No 3) [2012] FCAFC 167 Citation: Factory 5 Pty Ltd (In Liq) v State of Victoria (No 3) [2012] FCAFC 167
Appeal from: Factory 5 Pty Ltd v State of Victoria [2010] FCA 1229
Parties: FACTORY 5 PTY LTD (IN LIQUIDATION) (ACN 112 313 238) v STATE OF VICTORIA
File number: VID 1046 of 2010
Judges: RARES, FOSTER AND DODDS-STREETON JJ
Date of judgment: 26 November 2012
Catchwords: COSTS – whether the costs of appeal should be apportioned by reference to separate issues raised on appeal or whether the most appropriate way of taking account of all relevant factors was to discount costs – whether the fact that the determinative point on appeal was raised for the first time during the hearing of the appeal was an important factor in the exercise of the Court's discretion as to costs
Legislation: Federal Court of Australia Act 1976 (Cth), s 43(2)
Cases cited: Factory 5 Pty Ltd (In Liq) v State of Victoria (No 2) [2012] FCAFC 150 related Factory 5 Pty Ltd (in liq) v State of Victoria [2011] FCAFC 77 related Kazar v Kargarian (2011) 197 FCR 113 followed
Date of hearing: Decided on the papers
Date of last submissions: 12 November 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 17
Counsel for the Appellant: Mr PD Corbett and Mr J Richardson
Solicitor for the Appellant: Piper Alderman
Counsel for the Respondent: Mr T Woodward SC with Ms E Dias
Solicitor for the Respondent: Allens Arthur Robinson
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