Federal Court of Australia
Federal Court of Australia
Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance (No 2) [2021] FCAFC 53 File number: VID 481 of 2020
Judgment of: BESANKO, DERRINGTON AND COLVIN JJ
Date of judgment: 14 April 2021
Catchwords: COSTS — application to vary costs order in relation to determination of separate question — where orders made for costs to be in cause — where applicant raised concerns as to utility of separate question — where terms of separate question reformulated by Court to address parties' concerns — where both parties unsuccessful in determination of separate question — application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Oshlack v Richmond River Council (1998) 193 CLR 72 Rockment Pty Ltd t/a Vanilla Lounge v AAI Limited t/a Vero Insurance [2020] FCAFC 228
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 14
Date of last submissions: 3 March 2021 (Applicant) 8 March 2021 (Respondent)
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr G Watson SC with Mr DA Klempfner
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