Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
James v Commonwealth Bank of Australia (No 2) [2015] FCA 599 Citation: James v Commonwealth Bank of Australia (No 2) [2015] FCA 599
Appeal from: James v Commonwealth Bank of Australia & Anor v James [2015] FCCA 1056
Parties: DAVID ANTHONY JAMES v COMMONWEALTH BANK OF AUSTRALIA
File number: NSD 552 of 2015
Judge: KATZMANN J
Date of judgment: 18 June 2015
Catchwords: COSTS — applicant successful in interlocutory application — interlocutory application amended during interlocutory hearing and in written submissions in reply after the hearing — whether costs should follow the event or be costs in the cause
Legislation: Bankruptcy Act 1966 (Cth) s 60 Federal Court Rules 2011 (Cth) r 40.04
Cases cited: Ausino International Pty Ltd v Apex Sports Pty Ltd [2006] NSWSC 1119 Boscolo v TCN Channel Nine Pty Ltd (No 2) (unreported, Sup Ct, NSW, Eq Div, 24 July 1985) Devereaux Holdings Pty Limited v Pelsart Resources NL (No 2) (unreported, Sup Ct, NSW, Eq Div, 24 July 1985) Petar v The Macedonian Orthodox Community Church St Petka Inc (No 2) [2007] NSWCA 142
Date of hearing: Determined on the papers
Date of last submissions: 16 June 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Appellant: Mr M Cashion SC with Mr J Baird
Solicitor for the Appellant: Allsop Glover Lawyers
Counsel for the Respondent: Mr D A McLure
Solicitor for the Respondent: Gadens Lawyers
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