Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 5) [2016] FCA 444 File number: NSD 2082 of 2011
Judge: MCKERRACHER J
Date of judgment: 29 April 2016
Catchwords: COSTS – liability in relation to the claim and cross-claim – undue prolongation of cases by groundless contentions – indemnity costs only in relation to particular aspects of the case – whether inadequate discovery caused respondents to persist with arguments advanced COSTS – indemnity costs – whether all of the respondents should be liable for the costs of the cross-claim – whether the cross-claimant an artificial entity representative of all of the respondents – relevance of each of the respondents making positive pleadings in their defence relying upon grounds in the cross-claim
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.02(a)
Cases cited: Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 2) [2014] FCA 723 Australian Mud Company Pty Ltd v Coretell Pty Ltd (No 4) [2015] FCA 1372 Farmitalia Carlo Erba SrL v Delta West Pty Ltd (1994) 28 IPR 336 Knight v FP Special Assets Ltd (1992) 174 CLR 178 Labelmakers Group Pty Ltd v LL Force Pty Ltd (No 4) [2013] FCA 1227 Manday Investments Pty Ltd v Commonwealth Bank of Australia [2011] FCA 681 Probiotec Limited v The University of Melbourne (2008) 166 FCR 30 Re Sturmer and Town of Beaverton (1912) 2 DLR 501 Vestris v Cashman (1998) 72 SASR 449
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