Federal Court of Australia
Federal Court of Australia
Kirsten v Miller as executor of the estate of Detlef John Kirsten (No 2) [2024] FCAFC 106 Appeal from: Miller as executor of the estate of Detlef John Kirsten v Kirsten (No 2) [2023] FCA 1034
File number: SAD 119 of 2023
Judgment of: CHARLESWORTH, DERRINGTON AND HALLEY JJ
Date of judgment: 27 August 2024
Catchwords: PRACTICE AND PROCEDURE – costs – appeal from order awarding costs to a party – whether primary judge failed to have regard to an agreement that the parties bear their own costs of part of the proceeding – whether there was utility in pursuing claims for relief not previously settled – whether the appellant belatedly capitulated in respect of claims not previously settled – whether the appellant presented a case on appeal different to that presented before the primary judge
Legislation: Corporations Act 2001 (Cth) ss 259A, 259B, 1071F, 1072A, 1072G Federal Court of Australia Act 1976 (Cth) s 24 Administration and Probate Act 1919 (SA) ss 44, 121A
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 House v King (1936) 55 CLR 499 Miller as executor of the estate of Detlef John Kirsten v Kirsten (No 2) [2023] FCA 1034
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 53
Date of hearing: 6 May 2024
Counsel for the Applicant: Mr B Roberts KC with Mr E Guthrie
Solicitor for the Applicant: Douglas Hoskins Legal
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