Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
O'Neill v Piscopo (No 4) [2012] FCA 1225 Citation: O'Neill v Piscopo (No 4) [2012] FCA 1225
Appeal from: Rose & Ors v Piscopo [2010] FMCA 948
Parties: MICHAEL O'NEILL v SAMUEL PISCOPO and TERRY HILL
File number: NSD 52 of 2011
Judge: COLLIER J
Date of judgment: 7 November 2012
Catchwords: COSTS – application for award of costs on indemnity basis – appeal comprehensively dismissed – whether special or unusual features to justify indemnity costs – whether grounds of appeal such that appeal would inevitably fail – whether appeal commenced for ulterior motives
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited De Alwis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 77 cited InterTAN Inc v DSE (Holdings) Pty Ltd [2005] FCAFC 54 cited Maitland Hospital v Fisher (No 2) (1992) 27 NSWLR 721 cited O'Neill v Piscopo (No 3) [2012] FCA 1036 cited
Date of hearing: 19 September 2012
Place: Brisbane
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 9
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