Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kumar v Secretary, Department of Social Services [2019] FCA 735 File number: QUD 563 of 2018
Judge: LOGAN J
Date of judgment: 22 May 2019
Catchwords: COSTS – application for a lump sum costs order under r 40.02(b) of the Federal Court Rules 2011 (Cth) – dismissal of claim for relief under s 39B of the Judiciary Act 1903 (Cth) and related, associated damages claim – consequential application for vexatious proceedings order under s 37AO(1)(a) of the Federal Court of Australia Act 1976 (Cth) – relationship between assessment of a lump sum and principles of taxation of costs – where case involved extensive litigious history but no complex points of law – allowance of counsel's and solicitor's fees on a time costing basis – discussion of time based costing – costs awarded as a lump sum
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37AO, 43 Judiciary Act 1903 (Cth) ss 55B, 55C Federal Court Rules 2011 (Cth) r 40.02(b)
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR Guss v Veenhuizen (No 2) (1976) 136 CLR 47 Kumar v Secretary, Department of Social Services [2018] FCA 1710 Kumar v Secretary, Department of Social Services [2018] FCA 2119 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) (2017) 253 FCR 403 Seven Network Ltd v News Ltd [2007] FCA 2059 Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) (2011) 194 FCR 250
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