Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Challenger Life Company Limited v Estate of the Late Robert John Real (No 2) [2017] FCA 1059 File number: NSD 920 of 2014
Judge: GLEESON J
Date of judgment: 7 September 2017
Catchwords: PRACTICE AND PROCEDURE – application to amend costs order pursuant to the slip rule in r 39.05 of the Federal Court Rules 2011 – where costs order made against minors – whether costs order reflects judge's intention at the time of making of the order – contrary intention not demonstrated – application refused COSTS – liability of litigation representative for costs
Legislation: Federal Court of Australia Act 1976 (Cth) Life Insurance Act 1995 (Cth) Federal Court Rules 2011 Federal Court Rules 1979 Uniform Civil Procedure Rules 2005 (NSW)
Cases cited: Adams by her next friend O'Grady v State of New South Wales (No 2) [2008] NSWSC 1394 Anthony v Vaclav (No 2) [2009] VSC 626 Australian and New Zealand Banking Group Ltd v Dzienciol by his guardian ad litem Dzienciol [2001] WASC 305 (S) Azar v Kathirgamalingan [2012] NSWCA 429 Burrell v The Queen [2008] HCA 34; (2008) 238 CLR 218 DSE (Holdings) Pty Ltd v InterTAN Inc [2004] FCA 1251; (2004) 51 ACSR 555 Farrell by her next friend Waugh v Royal Kings Park Tennis Club (Inc) [2007] WASCA 173 Fernando (by his tutor, Ley) v Minister for Immigration and Citizenship (No 9) [2009] FCA 833 Flint v Richard Busuttil & Co Pty Ltd [2013] FCAFC 131; (2013) 216 FCR 375 Gissing & Sheffield [2016] FamCA 101 Jaffari v Minister for Immigration and Multicultural Affairs [2001] FCA 985; (2001) 113 FCR 10 Kiefel v Victoria [2014] FCA 604 Morgan v Morgan (1865) 12 LT 199 Murray v Kirkpatrick (1940) 57 WN (NSW) 162 NSW Insurance Ministerial Corp v Abualfoul [1999] FCA 433; (1999) 94 FCR 247 Smith v NRMA Insurance Ltd [2016] NSWCA 250 State Rail Authority of New South Wales v Hammond (1988) 15 NSWLR 395 Storey & Keers Pty Ltd v Johnstone (1987) 9 NSWLR 446 Yakmor v Hamdoush (No 2) [2009] NSWCA 284; (2009) 76 NSWLR 148
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