Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ambrose (Trustee) in the matter of Poumako (Bankrupt) v Poumako (No 7) [2018] FCA 975 File number: SAD 322 of 2011
Judge: CHARLESWORTH J
Date of judgment: 29 June 2018
Catchwords: PRACTICE AND PROCEDURE – application for costs to be awarded on an indemnity basis – relief on an application refused on discretionary grounds having regard to equitable foundation of relief sought – application for relief legally wrong-footed in any event – where liability of a legal practitioner to indemnify client in respect of an order for costs thrown away twice challenged unsuccessfully – where original order imposing liability would be undermined if party and party costs ordered – application allowed
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 43 Federal Court Rules 2011 (Cth) r 25.14, Sch 1
Cases cited: Ambrose (Trustee) in the matter of Poumako (Bankrupt) v Poumako (No 6) [2018] FCA 577 Calderbank v Calderbank [1975] 3 All ER 333 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Eatock v Bolt (No 2) [2011] FCA 1180, (2011) 284 ALR 114 Hockey v Fairfax Media Publications Pty Ltd (No 2) (2015) 237 FCR 127 Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 Perry v Comcare (2006) 150 FCR 319 Specsavers Pty Ltd v The Optical Superstore Pty Ltd (No 4) [2012] FCA 652
Date of hearing: Determined on the papers
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