Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Sandini Pty Ltd v Commissioner of Taxation (No 2) [2017] FCA 905 File number: WAD 754 of 2015
Judge: MCKERRACHER J
Date of judgment: 7 August 2017
Catchwords: COSTS – whether departure from usual rule is appropriate – discretion to apportion costs on an issues basis – indemnity costs sought – whether contentions made ought not to have been advanced – whether contentions made prolonged the matter unnecessarily warranting indemnity costs order
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2), 43(3)(c) Federal Court Rules 2011 (Cth) rr 40.01, 40.02
Cases cited: Colgate Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Donoghue v Commissioner of Taxation [2015] FCA 301 Lamesa Holding BV v Commissioner of Taxation [1999] FCA 738 Major Engineering Pty Ltd v Helios Electroheat Pty Ltd (No 2) [2006] VSCA 114 McFazdean v Construction, Forestry, Mining and Energy Union (2007) 20 VR 250 Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 72 FCR 151 Sandini Pty Ltd v Commissioner of Taxation [2017] FCA 287 Spotless Group Ltd v Premier Building and Consulting Pty Ltd [2008] VSCA 115
Date of hearing: Determined on the papers
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