Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Oldendorff Carriers GmbH & Co. KG v Tharmalingam [2019] FCA 2020 File number: NSD 121 of 2018
Judge: RARES J
Date of judgment: 18 December 2019
Catchwords: PRACTICE AND PROCEDURE - referee - application for adoption of referees'report under s 54A of the Federal Court of Australia Act 1976 (Cth) - where no reason to not adopt referees'assessment of damages and costs COSTS - pre-judgment interest on foreign currency amount under s 51A of the Federal Court of Australia Act 1976 (Cth) - assessment of appropriate rate of pre-judgment interest to apply where judgment sum in United States dollars - where award of pre-judgment interest is compensatory in nature
Legislation: Competition and Consumer Act 2010, Sch 2 (Australian Consumer Law) ss 18, 236 Federal Court of Australia Act 1976 (Cth) ss 37M, 39, 51A, 54A Federal Court Rules 2011 rr 5.21, 5.23, 11.02, 16.02-16.08, 28.65, 28.66, 28.67
Cases cited: Ahmad v Minister for Immigration and Border Protection [2018] FCAFC 199 Buckley v Bennell Design & Constructions Pty Limited (1978) 140 CLR 1 Chocolate Factory Apartments v Westpoint Finance [2005] NSWSC 784 CPB Contractors Pty Limited v Celsus Pty Limited (No 2) (2018) 364 ALR 129 Optiver Australia Pty Limited v Tibra Trading Pty Limited (2012) 203 FCR 520 Suzlon Energy Ltd v Bangad (No 2) [2014] FCA 1173
Date of hearing: 14 November 2019
Date of last evidence: 28 November 2019
Registry: New South Wales
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