Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shearwood (Trustee), in the matter of Allied Resource Partners Pty Ltd v Allied Resource Partners Pty Ltd (No 2) [2018] FCA 79 File number: NSD 1031 of 2017
Judge: MARKOVIC J
Date of judgment: 15 February 2018
Catchwords: COSTS – Costs of the proceeding – Where the plaintiff submitted that both the first and second defendants should pay the costs of the proceeding – Where the first defendant submitted that the plaintiff and first defendant should each bear their own costs – Where the first defendant alternatively submitted that the first defendant pay the plaintiffs' costs by way of a lump-sum – Whether costs should follow the event –Whether there was any misconduct by the plaintiff so as to justify the exercise of judicial discretion – Whether it was practicable and appropriate to make a lump-sum costs order
Legislation: Federal Court of Australia Act 1976 (Cth) ss 20A(2)(c), 43
Cases cited: Aristocrat Technologies Australia Pty Ltd v Global Gaming Supplies (No 2) [2016] FCAFC 76 Commissioner of Taxation v AusNet Transmission Group Pty Ltd (No 2) [2015] FCAFC 124 DSE (Holdings) Pty Limited v InterTAN Inc (2004) 51 ACSR 555; [2004] FCA 1251 Shearwood (Trustee), in the matter of Allied Resource Partners Pty Ltd v Allied Resource Partners Pty Ltd [2017] FCA 1451
Date of hearing: Heard on the papers
Date of last submissions: 25 January 2018
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
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