Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Coshott v Prentice (No 3) [2019] FCA 1497 File number: NSD 786 of 2015
Judge: LEE J
Date of judgment: 9 September 2019
Catchwords: PRACTICE AND PROCEDURE – application for adoption of referee report COSTS – referee inquiry and report on numerous countervailing costs orders in multiple proceedings without descending into the detail of a taxation – objection taken to referee's decision not to apply global discount – referee alleged not to have considered the issues of quantum and proportion together – no error of principle or manifest unreasonableness such that the report should be rejected – report adopted in full
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37P, 54A Federal Court Rules 2011 (Cth) r 28, div 28.6
Cases cited: Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 Coshott v Prentice [2018] FCAFC 179 Hancock v Rinehart (Lump Sum Costs) [2015] NSWSC 1640
Date of hearing: 9 September 2019
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 20
Counsel for the Applicants: Mr D Smith
Solicitor for the Applicants: Comino Prassas
Counsel for the Respondent: Mr J T Johnson
Solicitor for the Respondent: O'Neill Partners Commercial Lawyers
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