Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bideena Pty Ltd v Growth Super Fund Pty Ltd (No 2) [2017] FCA 327 File number: NSD 425 of 2016
Judge: MARKOVIC J
Date of judgment: 31 March 2017
Catchwords: COSTS – where the plaintiff filed interlocutory process without notifying defendants beforehand – where parties settled issues on interlocutory process – whether plaintiff's conduct was unreasonable – whether there should be no order as to costs – whether costs should be costs in the cause – whether costs should be defendants' costs in the cause – whether defendants' costs should be paid on an indemnity basis – order that costs be costs in the cause
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 127 Hughes v Western Australian Cricket Association (Inc.) (1986) ATPR ¶40-748 DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251 ONE.TEL Ltd v Commissioner of Taxation (2000) 101 FCR 548 Oxford Funding Pty Ltd v Oxford Asia Pacific Investments Pty Ltd (No 2) [2006] FCA 1542 Re Minister for Immigration & Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Yperion Technology SAS v Luminex Pty Ltd [2013] FCAFC 38
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