Federal Court of Australia
Federal Court of Australia
Hancock Prospecting Pty Ltd v Rinehart (No 3) [2021] FCAFC 23 File numbers: NSD 916 of 2016 NSD 922 of 2016
Judgment of: ALLSOP CJ, BESANKO AND O'CALLAGHAN JJ
Date of judgment: 3 March 2021
Catchwords: COSTS — applications for order that there be no further proceedings on a Bill of Costs filed in appeals until final determination of the proceedings at first instance — where applications dealt with by the Full Court rather than a single judge as they involve the construction of the orders and reasons of the Full Court — power to deal with entered orders under the common law and rules of court — where costs order relevant to the applications was made by the High Court — where the applicants for orders are effectively seeking a stay of a costs order made by the High Court — the Court does not have power to stay an order of the High Court — in any event, no basis for making orders sought by the applicants — applications dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 4, 25 Federal Court Rules 2011 (Cth) rr 39.04, 39.05, 40.01, 40.13, 40.14, 41.01, 41.03 High Court Rules 2004 (Cth) r 50.02.2 Commercial Arbitration Act 2010 (NSW) s 2
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