Federal Court of Australia
Federal Court of Australia
AgriWealth Capital Limited v Australian Financial Complaints Authority Limited (No 2) [2023] FCAFC 128 File number(s): NSD 1083 of 2022
Judgment of: PERRY, DOWNES AND KENNETT JJ
Date of judgment: 10 August 2023
Catchwords: COSTS – where appeal was dismissed – where issue was raised by Court regarding jurisdiction – further submissions invited and matter listed for a second day – where court determined that it had jurisdiction – appellants ordered to pay respondents' costs – where second respondent was not an active party – where appellants applied to vary costs orders – costs order varied in part
Legislation: Federal Court Rules 2011 (Cth) rr 39.04, 39.32
Cases cited: AgriWealth Capital Limited v Australian Financial Complaints Authority Limited [2023] FCAFC 118
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 14
Date of last submission/s: 8 August 2023
Counsel for the Appellants: Mr J Ireland KC
Solicitor for the Appellants: McGirr Lawyers
Counsel for the First Respondent: Mr M Izzo SC with Mr M Pulsford
Solicitor for the First Respondent: Becketts Lawyers
Counsel for the Second Respondent: The Second Respondent filed a Submitting Notice
ORDERS NSD 1083 of 2022
BETWEEN: AGRIWEALTH CAPITAL LIMITED First Appellant
AUSTRALIAN FORESTRY MANAGEMENT PTY LIMITED Second Appellant
AND: AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY LIMITED First Respondent
STEVEN KIRBY Second Respondent
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