Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Elevate Brandpartners Ltd v Hammond (No 4) [2020] FCA 421 File number: NSD 488 of 2019
Judge: STEWART J
Date of judgment: 1 April 2020
Catchwords: COSTS – proper exercise of discretion to award costs in circumstances where claim discontinued with leave – whether the respondents in effect capitulated – whether the applicants in effect abandoned the proceeding – general policy of the law that the applicants should be permitted to discontinue proceedings but should usually pay the costs of the respondents – no reason to depart from general rule – continuation of the proceeding not futile
Legislation: Federal Court Rules 2011 (Cth) rr 26.12, 26.14
Cases cited: Clark v ING Life Ltd [2007] FCA 1960 Elevate Brandpartners Ltd v Hammond [2019] FCA 1103 Elevate Brandpartners Ltd v Hammond (No 2) [2019] FCA 1598 Elevate Brandpartners Ltd v Hammond (No 3) [2019] FCA 1788 FAIRA Aboriginal Corporation v Minister for Aboriginal and Torres Strait Islander Affairs [2002] FCA 9 Motor Trades Association of Australia Superannuation Fund Pty Ltd v Rickus (No 3) [2008] FCA 1986; 69 ACSR 264 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; 186 CLR 622 Rickus v Motor Trades Assn of Australia Superannuation Fund Pty Ltd [2010] FCAFC 16; 265 ALR 112
Date of hearing: 26 March 2020
Registry: New South Wales
Division General Division
National Practice Area: Commercial and Corporations
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