Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Robinson v Kenny (No 2) [2015] FCA 2 Citation: Robinson v Kenny (No 2) [2015] FCA 2
Parties: GRAHAM BRUCE ROBINSON v BRIAN KENNY and ABK AUSTRALIA PTY LIMITED (ACN 111 306 999)
File number: NSD 238 of 2010
Judge: FARRELL J
Date of judgment: 7 January 2015
Catchwords: COSTS – calculation of costs – interest – circumstances where lump sum appropriate in lieu of interest – indemnity costs – offer of compromise – rebuttable presumption in favour of the award of indemnity costs – whether presumption rebutted – entitlement to costs thrown away
Fair Trading Act 1987 (NSW) Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth) Trade Practices Act 1974 (Cth)
Calderbank v Calderbank [1975] 3 All ER 333 Futuretronics.com.au Pty Ltd v Graphix Labels Pty Ltd [2009] FCAFC 40 Cases cited: IFTC Broking Services Limited v Federal Commissioner of Taxation (2010) 268 ALR 1 Merost Pty Ltd v CPT Custodian Pty Ltd (No 2) [2014] FCA 594 Port Kembla Coal Terminal Ltd v Braverus Maritime Inc (No 2) (2004) 212 ALR 281 Robinson v Kenny [2014] FCA 988
Date of hearing: 23 December 2014
Date of last submissions: 23 December 2014
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: Mr A Crossland
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