Federal Court of Australia
Federal Court of Australia
Alhalek v Quintiliani trading as Kells Lawyers (No 3) [2021] FCAFC 150 Appeal from: Alhalek v Quintiliani trading as Kells Lawyers [2020] FCA 1272
File number(s): NSD 1020 of 2020
Judgment of: KATZMANN, DERRINGTON AND ANASTASSIOU JJ
Date of judgment: 19 August 2021
Catchwords: COSTS – application for indemnity costs by successful respondent – where appeal bound to fail and appellant's conduct of proceedings inimical to overarching purpose of civil practice and procedure provisions of Federal Court of Australia Act 1976 (Cth) and Rules, whether order should be made that costs be paid on indemnity basis
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Federal Court Rules 2011 (Cth) r 40.01
Cases cited: Alhalek v Qunitiliani trading as Kells Lawyers [2021] FCAFC 139 Alhalek v Quintiliani trading as Kells Lawyers (No 2) [2021] FCAFC 140 Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; 93 ALJR 1007; 372 ALR 555 Cirillo v Consolidated Press Property Ltd (formerly known as Citicorp Australia Ltd) (No 2) [2007] FCA 179 Hamod v New South Wales [2002] FCAFC 97; 188 ALR 659 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Number of paragraphs: 13
Date of last submission/s: 13 August 2021
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