Federal Court of Australia
Federal Court of Australia
Atanaskovic Hartnell Corporate Services Pty Limited v Kelly (No 2) [2024] FCAFC 147 File number(s): NSD 306 of 2022
Judgment of: COLLIER, LOGAN AND GOODMAN JJ
Date of judgment: 14 November 2024
Catchwords: COSTS – whether costs certificates should be granted under ss 6 and 8 of the Federal Proceedings (Costs) Act 1981 (Cth) – where the successful appeal and remittal for re-trial are the result of judicial error – where the respondent is an individual who acted reasonably in retaining legal representation – where the reasoning in the principal reasons for judgment has a wider relevance beyond the present case – where no disentitling conduct – orders made for the grant of certificates
Legislation: Federal Proceedings (Costs) Act 1981 (Cth), ss 3, 6, 7, 7A, 8, 9, 10, 10A, 14, 18 Federal Circuit and Family Court of Australia Legislation (Consequential Amendments and Other Measures) Regulations 2021 (Cth) Federal Proceedings (Costs) Regulations 2018 (Cth), reg 6
Cases cited: Atanaskovic Hartnell Corporate Services Pty Limited v Kelly [2024] FCAFC 137 Lopez v Gold Titan Pty Ltd (No 2) [2022] FCAFC 146 Minister for Immigration and Border Protection v MZZMX (No 2) [2020] FCAFC 214; (2020) 385 ALR 283 Secretary, Department of Primary Industries, Parks, Water and Environment v Tasmanian Aboriginal Centre Incorporated (No 2) [2016] FCAFC 137 Security & Technology Services (NT) Pty Ltd v Hurley [2022] FCAFC 90
Division: Fair Work Division
Registry: New South Wales
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