Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
White Industries (Qld) Pty Ltd v Flower & Hart (No 2) [2000] FCA 1132 COSTS – interest on costs – costs in respect of a period prior to the judgment for costs – power of Federal Court of Australia to award interest on such costs – costs reflected money expended in defending litigation incorrectly brought – existence of a cause of action as basis of claim for interest. COSTS – interest on costs – costs in respect of period prior to the award of costs – duration of period for which interest should be paid – delays in proceeding – correct interest rate to award.
Federal Court of Australia Act 1976 (Cth): s 43, s 51A, s 52
Knight v FP Special Assets Limited (1992) 174 CLR 178 referred to Latoudis v Casey (1990) 170 CLR 534 referred to McWilliams Wines Pty Ltd v Liaweena (NSW) Pty Ltd (1993) 32 NSWLR 190 not followed South Australian Superannuation Fund Investment Trust v Leighton Contractors Pty Ltd (1996) 66 SASR 509 referred to Nykredit Mortgage Bank Plc v Edward Erdman Group Ltd [1997] 1 WLR 1627 referred to Commonwealth of Australia v SCI Operations Pty Limited (1998) 192 CLR 285 referred to Smallacombe v Lockyer Investment Co Pty Ltd (1993) 42 FCR 97 referred to Serisier Investments Pty Ltd v English (1989) 1 Qd R 678 followed Namol Pty Ltd v AW Baulderstone Pty Ltd (No 2) (1993) 47 FCR 388 referred to EMCL Pty Ltd v Esanda Finance Corporation Ltd (No 2) (1998) 160 ALR 382 referred to EMCL Pty Ltd v Esanda Finance Corporation Ltd [1999] FCA 978 referred to WHITE INDUSTRIES (QLD) PTY LTD v FLOWER & HART (A FIRM) (No 2) QG 198 of 1986 GOLDBERG J 14 AUGUST 2000 SYDNEY (HEARD IN BRISBANE)
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 198 of 1986
BETWEEN: WHITE INDUSTRIES (QLD) PTY LTD
Applicant
AND: FLOWER & HART (A FIRM)
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