Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Windus v Director of the Fair Work Building Industry Inspectorate [2013] FCA 1053 Citation: Windus v Director of the Fair Work Building Industry Inspectorate [2013] FCA 1053
Parties: JOHN ANTHONY WINDUS v DIRECTOR OF THE FAIR WORK BUILDING INDUSTRY INSPECTORATE
File number: WAD 192 OF 2013
Judge: BARKER J
Date of judgment: 16 October 2013
Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal – primary judge ordered applicant to provide information relevant to applicant's entitlement to claim costs – whether Court was functus officio after making initial costs order – factors to be considered in determining application
Legislation: Federal Court of Australia Act 1976 (Cth) s 24(1A) Federal Court Rules 1979 (Cth) O 35 r 7 Federal Court Rules 2011 (Cth) R 40.28
Cases cited: Adams v London Improved Motor Coach Builders Limited [1920] All ER Rep 340 Annfrank Nominees Pty Ltd v Connell (1991) 6 WAR 271 Caboolture Park Shopping Centre Pty Ltd (In Liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 Coogi Australia Ltd v Hysport International Pty Ltd (unreported, Drummond J, 25 September 1998) Director of the Fair Work Building Industry Inspectorate v Abbott (No 5) [2013] FCA 522 Inglis v Moore (No 2) (1979) 25 ALR 453 Noye v Robbins [No 6] [2008] WASC 266 Preston Banking Co v William Allsup & Sons [1895] 1 Ch 141
Date of hearing: 5 July 2013
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