Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Davey v Dessco Pty Ltd [2019] FCA 1735 File number: VID 321 of 2019
Judge: SNADEN J
Date of judgment: 18 October 2019
Date of publication of reasons: 21 October 2019
Catchwords: PRACTICE AND PROCEDURE – costs – interim application by the respondent to review a costs order made by a registrar of the court – application of Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29 ("Bell") – abolition of the "Chorley exception" – where a costs order is made in favour of a self-represented litigant who is also a lawyer – whether phrasing of costs order ought to be confined to out of pocket expenses – interim application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 35A Federal Court Rules 2011 (Cth) rr 3.11, 35.13(b)
Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29
Date of hearing: 18 October 2019
Registry: Victoria
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: General and Personal Insolvency
Category: Catchwords
Number of paragraphs: 10
Counsel for the Applicant: The Applicant appeared in person
Solicitor for the Respondent: Mr R D Silverstein
ORDERS VID 321 of 2019
BETWEEN: JOHN PATRICK DAVEY Applicant
AND: DESSCO PTY LTD ACN 072 755 590 Respondent
JUDGE: SNADEN J DATE OF ORDER: 18 OCTOBER 2019
THE COURT ORDERS THAT:
1. The respondent's interim application filed 9 October 2019 is dismissed. 2. The respondent pay the applicant's costs of and incidental to the interim application as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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