Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Diploma Group Limited (No 3) [2017] FCA 891 File number: WAD 177 of 2017
Judge: MCKERRACHER J
Date of judgment: 3 August 2017
Catchwords: COSTS – proceedings discontinued by leave – discontinuing party liable for costs unless the Court is satisfied there is a good reason for ordering otherwise – whether circumstances warrant that each party bear own costs –proceedings said to be discontinued for commercial reasons rather than surrendering on the merits – relevance of parties acting reasonably in prosecuting the proceeding
Legislation: Evidence Act 1995 (Cth) s 131(2)(h)
Cases cited: ACN 116 149 092 Pty Ltd v Coopers Brewery Ltd [2006] FCA 1119 Australian Securities and Investments Commission v Diploma Group Limited [2017] FCA 549 Australian Securities and Investments Commission v Diploma Group Limited (No 2) [2017] FCA 593 Nicolai v Indochina Medical Co Pty Ltd [2013] FCA 180 Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Travaglini v Raccuia [2012] FCA 620 Walter v Buckeridge (No 4) [2011] WASC 313
Date of hearing: Determined on the papers
Date of last submissions: 12 June 2017
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
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