Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ann Street Mezzanine Pty Ltd v KPMG [2011] FCA 453 Citation: Ann Street Mezzanine Pty Ltd v KPMG [2011] FCA 453
Parties: ANN STREET MEZZANINE PTY LTD (IN LIQUIDATION) (ACN 102 848 866) (AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE OF PARTIES) v KPMG (A FIRM) (AND OTHERS ACCORDING TO THE ATTACHED SCHEDULE OF PARTIES)
File number: VID 292 of 2010
Judge: KENNY J
Date of judgment: 6 May 2011
Catchwords: COSTS – leave to discontinue sought – cross-claim for contribution– supervening event – whether discontinuance constitutes an "abandonment" of cross-claim –consideration of circumstances in which costs order is appropriate – leave to discontinue granted with no order as to costs. EVIDENCE – affidavit material revealed contents of without prejudice communications – relevant to the issue of costs – s 131(2)(h) of the Evidence Act provides exception where the communication is relevant to determine liability for costs
Legislation: Evidence Act 1995 (Cth)
Cases cited: Bruinsma v Menczer (1995) 40 NSWLR 716 Marks v GIO Australian Holdings Ltd (1996) 137 ALR 579 Australian Competition and Consumer Commission v Australian Safeway Stores Pty Limited (No 3) [2002] FCA 1294 Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; ex parte Lai Qin (1997) 186 CLR 622 Chapman v Luminis Pty Ltd [2003] FCAFC 162 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Champagne View Pty Ltd v Shearwater Resort Management Pty Ltd [2000] VSC 214 Australian Securities & Investments Commission v Kyriackou [2008] FCA 1860 Australian Securities and Investment Commission v Kyriackou (2010) 76 ACSR 428 Foundation for Aboriginal and Torres Strait Islander Research Action Aboriginal Group v Minister for Aboriginal & Torres Strait Islander Affairs [2002] FCA 9 Pilbara Aboriginal Land Council v Minister for Aboriginal and Torres Strait Islander Affairs (2000) 175 ALR 706 One.Tel Ltd v Deputy Commissioner of Taxation (2000) 101 FCR 548
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate