Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited (No 2) [2018] FCA 932 File number: NSD 1827 of 2017
Judge: GLEESON J
Date of judgment: 21 June 2018
Catchwords: COSTS – application for costs of application for preliminary discovery – where wide discretion in making costs orders pursuant to s 43(2) of Federal Court of Australia Act 1976 (Cth) to be exercised judicially – where each party enjoyed measure of success – each party to bear own costs of application – prospective applicant to pay prospective respondent's costs of complying with preliminary discovery order
Legislation: Civil Dispute Resolution Act 2011 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 rr 7.29, 40.04
Cases cited: Alstom Power Limited v Eraring Energy [2009] FCA 681 Andrews Advertising Pty Ltd v David Andrews [2011] NSWSC 244 C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 Cobankara v Australia and New Zealand Banking Group Ltd [2017] FCA 419 Gooley & Ors v Breda Pty Ltd & Ors (No 2) [2017] NSWSC 1505 J & A Vaughan Super Pty Ltd v Becton Property Group Ltd [2013] FCA 340 McFarlane as Trustee for the S McFarlane Superannuation Fund v IOOF Holdings Limited [2018] FCA 692 ObjectiVision Pty Ltd v Visionsearch Pty Ltd [2014] FCA 1087 ObjectiVision Pty Limited v Visionsearch Pty Limited (No 3) [2015] FCA 304 Procter v Kalivis (No 3) [2010] FCA 1194 Steffen v Australia and New Zealand Banking Group Ltd [2009] NSWSC 883
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