Federal Court of Australia
Federal Court of Australia
Husseini v Girchow Enterprises Pty Ltd (Costs) [2024] FCAFC 165 Appeal from: Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Hearing) [2023] FCA 420 Girchow Enterprises Pty Ltd v Ultimate Franchising Group Pty Ltd (Final Orders) [2023] FCA 500
File number: NSD 551 of 2023
Judgment of: SARAH C DERRINGTON, STEWART AND FEUTRILL JJ
Date of judgment: 13 December 2024
Catchwords: COSTS – costs in the primary proceeding following successful appeal – indemnity principle – other issues of contest – whether to remit issues to the primary judge – issue to be dealt with on taxation
Legislation: Federal Court Rules 2011 (Cth), rr 39.05(e), 39.05(h), Div 40.2
Cases cited: Frigger v Trenfield (No 12) [2022] FCA 900 Harvard Nominees Pty Ltd v Dimension Agriculture Pty Ltd (in liq) [2023] FCAFC 140; 299 FCR 224 Shaw v Yarranova Pty Ltd [2011] VSCA 55
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 16
Date of last submissions: 10 December 2024
Date of hearing: Determined on the papers.
Counsel for the Appellant: M Condon SC
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