Federal Court of Australia
Federal Court of Australia
Jadwan Pty Ltd v Rae & Partners (A Firm) [2023] FCAFC 182 Appeal from: Jadwan Pty Ltd v Rae & Partners (A Firm) (No 7) [2022] FCA 1174
File number: TAD 17 of 2023
Judgment of: MARKOVIC, STEWART AND ANDERSON JJ
Date of judgment: 17 November 2023
Date of publication of reasons: 22 November 2023
Catchwords: COSTS – application for leave to appeal against a lump sum costs determination – applicable principles and procedure for the determination of lump sum costs – whether primary judgment is attended with sufficient doubt – whether a refusal of leave to appeal would occasion substantial injustice – where the application for leave to appeal and the prospective appeal are disproportionate to what is at stake between the parties – leave to appeal refused
Legislation: Federal Court of Australia Act 1976 (Cth), ss 35A, 37M(2)(e), 37N(1) Judiciary Act 1903 (Cth), s 55C Costs Practice Note (GPN-COSTS)
Cases cited: Bechara v Bates [2021] FCAFC 34; 286 FCR 166 Caratti v Commissioner of the Australian Federal Police [2021] FCA 1067 Décor Corporation Pty Ltd v Dart Industries Inc [1991] FCA 844; 33 FCR 397 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 Harrison v Schipp [2002] NSWCA 213; 54 NSWLR 738 Harvard Nominees Pty Ltd v Dimension Agriculture Pty Ltd (in liq) [2023] FCAFC 140 Innes v AAL Aviation Ltd (No 2) [2018] FCAFC 130 Jadwan Pty Ltd v Rae & Partners (A Firm) (No 7) [2022] FCA 1174 Jadwan Pty Ltd v Rae & Partners (A Firm) [2020] FCAFC 62; 278 FCR 1
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