Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Francis v Allen & Unwin (No 2) [2015] FCA 229 Citation: Francis v Allen & Unwin (No 2) [2015] FCA 229
Parties: JANETTE GAIL FRANCIS v ALLEN & UNWIN PTY LIMITED, LINDSAY SIMPSON, PAMELA WALTERS, REX WALTERS and LORRAINE WALTERS
File number: NSD 339 of 2014
Judge: KATZMANN J
Date of judgment: 16 March 2015
Catchwords: COSTS - proceeding discontinued at applicant's request after she was served with compelling evidence going to the factual dispute at the heart of the proceeding – whether applicant should pay respondents' costs – where evidence could have been given to the applicant earlier – Federal Court Rules 2011 (Cth), r 26.12(7)
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N(1) Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Armstrong v Australian Community Pharmacy Authority [2012] FCA 577 Francis v Allen & Unwin [2014] FCA 1027 Inground Constructions Pty Limited v Federal Commissioner of Taxation (1994) 27 ATR 513; (1994) 94 ATC ¶4046 Lo v Australian Community Pharmacy Authority [2013] FCA 639 O'Neill v Mann [2000] FCA 1680 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Wotton v Queensland (2009) 109 ALD 534; [2009] FCA 758
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