Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Westpac Banking Corporation v Wittenberg (No 3) [2016] FCAFC 51 Appeal from: Murphy v Westpac Banking Corporation [2014] FCA 1104 Murphy v Westpac Banking Corporation (No 2) [2015] FCA 266
File number(s): NSD 405 of 2015
Judge(s): BUCHANAN, MCKERRACHER AND WHITE JJ
Date of judgment: 5 April 2016
Catchwords: PRACTICE AND PROCEDURE – interlocutory application for indemnity costs – appellant did not seek at hearing of appeal or at any time before judgment delivery to be heard separately on costs – whether appellant's application within scope of the appeal – whether indemnity costs should be awarded in the primary proceedings after appeal judgment delivered and orders entered – whether appellant should be granted a stay of orders and set off of costs after judgment delivered and orders entered
Legislation: Federal Court Rules 2011 (Cth), rr 25.06, 39.32, 39.35
Cases cited: ACCC v Daniels Corporation Pty Ltd [2001] FCA 936 Grygiel v Baine [No. 2] [2005] NSWCA 434 Harding v Deputy Commissioner of Taxation (2008) 172 FCR 469 Hewlett Packard Pty Ltd v GE Capital Finance Pty Ltd [2003] FCAFC 278 Shahid v Australasian College of Dermatologists (No 2) [2008] FCAFC 98 Siminton v Australian Prudential Regulation Authority (No 2) [2008] FCAFC 113 Tristar Steering and Suspension Australia Ltd v Industrial Relations Commission of New South Wales (No 2) (2007) 159 FCR 274 Westpac Banking Corporation v Wittenberg [2016] FCAFC 33 Westpac Banking Corporation v Wittenberg (No 2) [2016] FCAFC 49
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