Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smith v Comcare [2012] FCA 864 Citation: Smith v Comcare [2012] FCA 864
Appeal from: Smith v Comcare [2012] FCA 502
Parties: LAWRENCE SMITH v COMCARE
File number: ACD 43 of 2012
Judge: FOSTER J
Date of Orders: 10 August 2012
Date of Reasons: 17 August 2012
Catchwords: COSTS – whether and to what extent the Court should investigate the merits of an interlocutory application which is to be withdrawn for the purpose of determining who should pay the costs of that application
Legislation: Federal Court of Australia Act 1976 (Cth), s 43 and s 56 Federal Court Rules 2011, r 36.09 Federal Court Rules, O 52 r 20
Cases cited: Smith v Comcare [2012] FCA 502 related Airtourer Co-Operative Ltd v Millicer Aircraft Industries Pty Ltd [2004] FCA 1400 cited De Groot v The Nominal Defendant [2004] NSWCA 88 cited Kazar v Kargarian (2011) 197 FCR 113 cited Paton v Campbell Capital Ltd, unreported, Federal Court, Burchett J, 1 July 1993 cited Rickus v Motor Trades Association of Australia Superannuation Fund Pty Ltd (2010) 265 ALR 112 cited
Date of hearing: 10 August 2012
Place: Sydney (Heard in Canberra)
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 25
Counsel for the Appellant: Mr Mrsic
Solicitor for the Appellant: TD Kelly & Co
Counsel for the Respondent: Mr DI Richards
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