Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Richmond v Ora Gold Limited [2020] FCA 70 File number: WAD 234 of 2018
Judge: COLVIN J
Date of judgment: 6 February 2020
Catchwords: COSTS - application by respondents for costs of and incidental to applicant's application for leave to amend, costs thrown away by reason of amendments and costs to be paid forthwith - where amendments were substantial re-pleading of case - whether amendments caused by concealment and deceit - whether unreasonable conduct in bringing application - orders made for applicant to pay costs of and incidental to application for leave to amend and to pay costs thrown away - orders not made for costs to be paid forthwith
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 40.13
Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Limited (No 13) [1995] FCA 1459 Aon Risk Services Australia Limited v Australian National University [2009] HCA 27; (2009) 239 CLR 175 Australian Flight Test Services Pty Ltd v Minister of Industry, Science and Technology [1996] FCA 1425 Bagley v Pinebelt Pty Ltd [2000] NSWSC 830 Dale v Clayton Utz (a firm) (No 3) [2013] VSC 593 Donnellan v Public Trustee [No 2] [2010] WASC 214 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 5) [2018] FCA 19 Fewin Pty Limited v Prentice [2018] FCA 852 Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432; (2002) 55 NSWLR 1 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Gloucester Shire Council v Fitch Ratings, Inc (No 2) [2017] FCA 248 Hamod v State of New South Wales [2007] NSWSC 707 Harris v Cigna Insurance Australia Limited [1995] FCA 1656; (1995) ATPR 41-445 Huntingdale Village Pty Ltd (recs and mgrs apptd) atf Huntingdale Village Unit Trust v Perpetual Nominees [2013] WASC 352 (S) IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 22 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (in liq) [2011] FCAFC 136; (2011) 197 FCR 113 Lamond (No 2) [2017] FCA 548 Life Airbag Co of Australia Pty Ltd v Life Airbag Co (New Zealand) Ltd [1998] FCA 545 Lynx Engineering Consultants Pty Ltd v The ANI Corporation Ltd (t/as ANI Bradken Rail Transportation Group) (No 3) [2010] FCA 32 Media Ocean Limited v Optus Mobile Pty Limited (No 6) [2009] FCA 1319 Norilya Minerals Pty Ltd v Easterday [2009] WASC 191 Olson v Keefe (No 4) [2019] FCA 691 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Power Infrastructure Pty Ltd v Downer EDI Engineering Power Pty Ltd (No 2) [2010] FCA 1347 Rafferty v Time 2000 West Pty Limited (No 3) [2009] FCA 727 Rosegum Corporation Pty Ltd v Young, in the matter of Rosegum Corporation Pty Ltd (No 2) [2017] FCA 36 Rush v Nationwide News Pty Ltd (No 6) [2018] FCA 1851 Stanley v Layne Christensen Company [2006] WASCA 56 Thunderdome Racetiming and Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297 Vasyli v AOL International Pty Ltd [1996] FCA 804
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