Culleton v Macquarie Leasing Pty Ltd (No 2) [2015] FCA 1478

FEDERAL COURT OF AUSTRALIA

Culleton v Macquarie Leasing Pty Ltd (No 2) [2015] FCA 1478 Citation: Culleton v Macquarie Leasing Pty Ltd (No 2) [2015] FCA 1478

Appeal from: Macquarie Leasing Pty Limited v Culleton [2014] FCCA 1714

Parties: RODNEY NORMAN CULLETON v MACQUARIE LEASING PTY LIMITED (ACN 002 674 982)

File number: NSD 1220 of 2014

Judge: PERRY J

Date of judgment: 21 December 2015

Catchwords: COSTS – where appeal allowed by consent following the appellant effectively recasting the appeal – whether costs order in the Court below should be set aside – whether previous costs order made with summary judgment should be set aside – whether the appellant should be awarded his costs of the appeal – where appellant successful – where appellant's conduct in the Court below was not suggestive of compliance with r 1.03(4) of the Federal Court Rules 2001 (Cth) – where grounds of appeal were not advanced in the Court below – where respondent conceded at first available opportunity once appraised of appellant's new case

Legislation: Bankruptcy Act 1966 (Cth) s 43 Bankruptcy Regulations 1996 (Cth) reg 16.01 Federal Circuit Court Rules 2001 (Cth) r 16.05 Federal Court of Australia Act 1976 (Cth) s 25(2B)(bb) Federal Court Rules 2011 (Cth) r 1.03, 36.01

Cases cited: Cachia v Hanes (1994) 179 CLR 403 Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 Hockey v Fairfax Media Publications Pty Limited (No 2) [2015] FCA 750 Hughes v Western Australian Cricket Association (Inc.) (1986) ATPR 40-748 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229 Scott v Secretary, Department of Social Security (No 2) [2000] FCA 1450 Summers v Repatriation Commission (No 2) [2015] FCAFC 64