Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Registrar of Aboriginal and Torres Strait Islander Corporations v Monaghan (No 3) [2016] FCA 1189 File number: ACD 22 of 2015
Judge: GRIFFITHS J
Date of judgment: 6 October 2016
Catchwords: COSTS – discretion under s 43 of the Federal Court of Australia Act 1976 (Cth) – limited success by applicant - whether judgment obtained by applicant less favourable than the terms of third respondent's offer – Held: applicant to pay two thirds of third respondent's costs.
Legislation: Corporations (Aboriginal and Torres Strait Islander) Act 2006 (Cth), ss 263-1, 265-1, 265-10 Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), Pt 25, r 25.14
Cases cited: Latoudis v Casey [1990] HCA 59; 170 CLR 534
Date of hearing: Heard on the papers
Registry: Australian Capital Territory
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 10
Solicitor for the Applicant: Minter Ellison
Counsel for the Third Respondent: Mr C Wilson
Solicitor for the Third Respondent: Pennicott Weir Lawyers
ORDERS ACD 22 of 2015
BETWEEN: REGISTRAR OF ABORIGINAL AND TORRES STRAIT ISLANDER CORPORATIONS Applicant
AND: FRED MONAGHAN First Respondent
TERESA ELSA MONAGHAN Second Respondent
KIM MAREE PETERS Third Respondent
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