Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Travaglini v Raccuia [2012] FCA 620 Citation: Travaglini v Raccuia [2012] FCA 620
Parties: DINO TRAVAGLINI (AS TRUSTEE IN BANKRUPTCY FOR THE ESTATE OF CARMELO FRANCESCO RACCUIA) v ANTONIO GUISEPPE RACCUIA and VASCO (WA) PTY LTD ACN 008 935 313
File number: WAD 36 of 2008
Judge: MCKERRACHER J
Date of judgment: 14 June 2012
Catchwords: COSTS – application for leave to discontinue with no order as to costs – application of r 26.12(7) of the Federal Court Rules 2011 that the discontinuing party is liable for costs unless the Court is satisfied there is a good reason for ordering otherwise – whether parties acted reasonably in prosecuting and defending the proceeding Held: when applicant commenced proceeding there was a reasonably foreseeable risk that litigation would become futile – applicant should pay the respondents' costs upon discontinuance
Legislation: Federal Court Rules 2011 rr 26.12(2)(c), r 26.12(7)
Cases cited: ACN 116 149 092 Pty Ltd v Coopers Brewery Ltd [2006] FCA 1119 Ahmed v Minister for Immigration & Multicultural Affairs [2000] FCA 1436 Ann Street Mezzanine Pty Ltd v KPMG [2011] FCA 453 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 Bell v Macquarie Bank Ltd [2000] FCA 1521 Chapman v Luminis Pty Ltd [2003] FCAFC 162 Commissioner of Taxation v Edgewater Estates Ltd (No 2) [2009] FCA 811 Doolan v Newitt [2003] FCA 1507 Evans as Trustee of the Kamiyacho Superannuation Fund v BankWest [2007] FCA 506 Jeruth Pty Ltd v Haybale Pty Ltd [2004] VSC 319 McClure v Mayor and Councillors of the City of Stirling (No 3) [2009] WASC 247 Media Ocean Ltd v Optus Mobile Pty Ltd (No 11) [2011] FCA 19 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Mineralogy Pty Limited v National Native Title Tribunal [1998] FCA 1700 Novartis AG v Agvantage Pty Ltd [2012] FCA 160 O'Neill v Mann [2000] FCA 1680 ONE.TEL Ltd v Commissioner of Taxation (2000) 101 FCR 548 Potato Marketing Corporation of Western Australia v Galati Nominees Pty Ltd [2004] FCA 1216 Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17 Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd (2010) 77 ACSR 216 Smith v Airservices Australia (2005) 146 FCR 37
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