Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kimber v The Owners Strata Plan No. 48216 (No 2) [2018] FCAFC 58 Appeal from: Kimber v The Owners Strata Plan No. 48216 [2016] FCA 1090
File number(s): NSD 1689 of 2016
Judge(s): LOGAN, KERR AND FARRELL JJ
Date of judgment: 13 April 2018
Catchwords: COSTS – Costs determined on the papers – where appellant is self-represented – where appellant did not file evidence of disbursements within period allowed – where it would be contrary to the interests of justice to prolong appeal – appellant awarded costs of Court filing fees (if any)
Cases cited: Bale v Mills (2011) 81 NSWLR 498; NSWCA 226 Kimber v The Owners Strata Plan No. 48216 [2017] FCAFC 226
Date of hearing: 20 November 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 13
Counsel for the Appellant: The Appellant appeared in person
Solicitor for the Respondent: Mr D Radman of Grace Lawyers
ORDERS NSD 1689 of 2016
BETWEEN: JANELLE MARY KIMBER Appellant
AND: THE OWNERS SP 48216 - "OWNERS CORPORATION" Respondent
JUDGES: LOGAN, KERR AND FARRELL JJ DATE OF ORDER: 13 April 2018
THE COURT ORDERS THAT:
1. The respondent must indemnify the appellant for any filing fees incurred by her in commencing and prosecuting the application for leave to appeal and the appeal. 2. There be no other order as to costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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