Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mitry Lawyers v Barnden [2014] FCA 918 Citation: Mitry Lawyers v Barnden [2014] FCA 918
Appeal from: Barnden v Tadrosse (No 2) [2013] FCCA 744
Parties: MITRY LAWYERS v ANDREW BARNDEN
File number: NSD 1653 of 2013
Judge: WIGNEY J
Date of judgment: 26 August 2014
Catchwords: COSTS – appeal from Federal Circuit Court of Australia – indemnity costs awarded against solicitor – relevant principles in relation to costs orders against lawyers – whether the primary judge erred in his discretion to award indemnity costs against the solicitor
Legislation: Federal Circuit Court (Bankruptcy) Rules 2006 Federal Circuit Court of Australia Act 1999 (Cth) Federal Circuit Court Rules 2001 Federal Court Rules (former) Federal Court Rules 2011
Cases cited: De Sousa v Minister for Immigration, Local Government and Ethnic Affairs (1993) 41 FCR 544 Deputy Commissioner of Taxation v Levick (1999) 168 ALR 383 Fowler v Toro Constructions Pty Ltd [2008] NSWCA 178 Gitsham v Suncorp Metway Insurance Ltd [2002] QCA 416 House v King (1936) 55 CLR 499 Lemoto v Able Technical Pty Ltd (2005) 63 NSWLR 300 Levick v Deputy Commissioner of Taxation [2000] FCA 674; (2000) 102 FCR 155 Macteldir v Roskov [2007] FCAFC 49 Mahoney v CP White (No. 2) [2005] FMCA 1578 Money Tree Management Service Pty Ltd v Deputy Commissioner of Taxation (No 3) [2000] SASC 286. Myers v Elman [1940] AC 282 Orchard v South Eastern Electricity Board [1987] QB 565 Provident Capital Ltd v Naumovski [2013] NSWSC 40 Re Bendeich (1994) 53 FCR 422 Ridehalgh v Horsefield [1994] Ch 205 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238 White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169
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