Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McCracken v Phoenix Constructions (Queensland) Pty Ltd [2013] FCAFC 87 Citation: McCracken v Phoenix Constructions (Queensland) Pty Ltd [2013] FCAFC 87
Parties: JARROD MCCRACKEN v PHOENIX CONSTRUCTIONS (QUEENSLAND) PTY LTD (ACN 056 159 614)
File number: QUD 542 of 2012
Judges: LANDER, SIOPIS AND GILMOUR JJ
Date of judgment: 8 August 2013
Catchwords: COSTS – application made after judgment for costs – application made after judgment for indemnity costs – whether applications ought to have been made at hearing of appeal PRACTICE AND PROCEDURE – non-party non-intervener seeking to be heard after judgment
Legislation: Bankruptcy Act 1966 (Cth), s 153B Federal Circuit Court Rules 2001, r 1.05, sch 3 pt 2 Federal Court of Australia Act 1976 (Cth), pt VB Federal Court Rules 2011, r 25.14(3)
Cases cited: Arico Trading International Pty Ltd v Kimberley-Clark Aust Pty Ltd [1999] FCA 275 Hanave Pty Ltd v LFOT Pty Ltd [1999] FCA 572 Johnston v Cameron [2002] FCA 301 McCracken v Phoenix Constructions (Queensland) Pty Ltd [2012] FCA 1410 McCracken v Phoenix Constructions (Queensland) Pty Ltd [2013] FCAFC 41 Newman v New Zealand (No 2) (2012) 295 ALR 1 Pattison v Hadjimouratis (2006) 155 FCR 226
Date of hearing: Heard on the papers
Date of last submissions: 29 May 2013
Place: Adelaide (Videoconference to Brisbane)
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