Federal Court of Australia
Federal Court of Australia
Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 3) [2022] FCAFC 46 Appeal from: Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2021] FCA 591 Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 3) [2021] FCA 672
File number(s): VID 365 of 2021
Judgment of: GRIFFITHS, O'CALLAGHAN AND THAWLEY JJ
Date of judgment: 28 March 2022
Catchwords: COSTS – where appeal allowed – where appellant only successful on one of three grounds of appeal – appropriate case to apportion costs of appeal and proceeding below – whether all respondents should be liable for costs – where second to sixth respondents did not take active role concerning successful ground of appeal – first respondent should bear 50% of appellant's costs
Legislation: Customs Act 1901 (Cth) s 269TAA(1)(b)
Cases cited: Bowen Investments Pty Ltd v Tabcorp Holdings Ltd (No 2) [2008] FCAFC 107 Fuch Lubricants (Australasia) Pty Ltd v Quaker Chemical (Australasia) Pty Ltd (No 2) [2021] FCAFC 114 Sandvik Intellectual Property AB v Quarry Mining & Construction Equipment Pty Ltd (No 2) [2017] FCAFC 158 Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel (No 2) [2022] FCAFC 30 Wilson Transformer Company Pty Ltd v Anti-Dumping Review Panel [2021] FCAFC 4
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