Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Innes v AAL Aviation Limited (No 2) [2018] FCAFC 130 Appeal from: Brewer v AAL Aviation Limited [2016] FCA 93
File numbers: ACD 12 of 2016 ACD 13 of 2016
Judges: TRACEY, BROMBERG AND WHITE JJ
Date of judgment: 15 August 2018
Catchwords: COSTS – cost orders – applications by the Respondent for the Court to fix lump sum costs in relation to two appeals – whether lump sum costs are appropriate – whether the costs claimed by the Respondent were fairly and reasonably incurred – orders for lump sum costs for reduced amounts made
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(1), 43 Federal Court Rules 2011 (Cth) rr 40.01, 40.02
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Calderbank v Calderbank [1975] 3 All ER 333 Commonwealth of Australia v Cornwell [2007] HCA 16; (2007) 229 CLR 519 Fewin Pty Ltd v Burke (No 3) [2017] FCA 693 Hislop v Paltar Petroleum Ltd (No 4) [2017] FCA 1632 Innes v AAL Aviation Limited [2017] FCAFC 202 Innes v Commonwealth [2015] ACTA 33 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) [2017] FCAFC 146; (2017) 253 FCR 403
Date of hearing: Determined on the papers
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Employment & Industrial Relations
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