Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
WA Property Holdings Pty Ltd v Colliers International (WA) Pty Ltd [2016] FCA 1089 File number: WAD 58 of 2013
Judge: GILMOUR J
Date of judgment: 7 September 2016
Catchwords: COSTS – discontinuance and costs – whether commencement of action against second respondent was reasonable – reasonableness of conduct of parties after commencement of the proceeding – whether indemnity costs should be awarded
Legislation: Civil Liability Act 2002 (WA) 5AKA Contaminated Sites Act 2003 (WA) ss 25(1), 56 Federal Court Rules 2011 (Cth) r 26.12(2), 26.12(2)(b), 26.12(7) High Court Rules 1952 (Cth) O 71 r 39 High Court Rules 2004 (Cth) r 12.26(2) Trade Practices Act 1974 (Cth) s 52, 87CE
Cases cited: Australian Securities and Investment Commission v Kyriackou [2008] FCA 1860 Colgate-Palmolive Company and Another v Cussons Pty Ltd (1993) 46 FCR 225 Croft v Evertop Investments Pty Ltd [2014] FCA 1098 D.S. Clarke Nominees Pty Ltd v Adder Holdings Pty Ltd [2015] FCA 277 El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474 O'Neill v Mann [2000] FCA 1680 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Quin (1997) 143 ALR 1 Smith v Airservices Australia (2005) 146 FCR 37 Travaglini v Raccuia [2012] FCA 620
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