Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fewin Pty Ltd v Burke (No 3) [2017] FCA 693 File number: NSD 1222 of 2015
Judge: MARKOVIC J
Date of judgment: 23 June 2017
Catchwords: COSTS – applications for lump sum costs orders – where entitlement to costs on an indemnity basis – where no evidence that costs claimed were unreasonable – whether to exercise discretion to make orders for lump sum costs – where orders made by consent for costs to be paid "as agreed or taxed" – whether lump sum costs order can be made in circumstances where costs to be paid "as agreed or taxed" – quantification of lump sum costs orders – applications allowed
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Bayley & Associates Pty Ltd v DBR Australia Pty Ltd [2014] FCA 346 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Bobb v Wombat Securities Pty Ltd (No 2) [2013] NSWSC 863 Clipsal Australia Pty Ltd v Clipso Electrical Pty Ltd [2016] FCA 37 Dunstan v Human Rights and Equal Opportunity Commission (No 3) [2006] FCA 916 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd (2015) 90 NSWLR 451 Hancock v Rinehart (Lump sum costs) [2015] NSWSC 1640 Hudson v Sigalla [2016] FCA 1204 Keen v Telstra Corporation Limited (No 2) [2006] FCA 930 Short v Crawley (No 45) [2013] NSWSC 1541 Su v Australian Fisheries Management Authority (No 3) [2008] FCA 2018
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