Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Friends of Leadbeater's Possum Inc v VicForests (No 5) [2020] FCA 705 File number: VID 1228 of 2017
Judge: MORTIMER J
Date of judgment: 27 May 2020
Catchwords: COSTS – late filing of significant evidence by respondent – adjournment of trial – whether applicant entitled to separate order for costs – whether costs payable on party party or indemnity basis
Legislation: Federal Court of Australia Act 1976 (Cth) s 43(2)
Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 801; 46 FCR 225 DSE (Holdings) Pty Limited v InterTAN Inc [2004] FCA 1251; 51 ACSR 555 Friends of Leadbeater's Possum Inc v VicForests (No 4) [2020] FCA 704 Robinson v Aware Industries Ltd [1998] FCA 1256
Date of hearing: Determined on the papers
Date of last submissions: 15 March 2019
Registry: Victoria
Division: General Division
National Practice Area: Administrative and Constitutional Law and Human Rights
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant Ms J Watson
Solicitor for the Applicant: Environmental Justice Australia
Counsel for the Respondent: Mr I Waller QC with Mr H Redd and Ms R Howe
Solicitor for the Respondent: Baker & McKenzie
ORDERS VID 1228 of 2017
BETWEEN: FRIENDS OF LEADBEATER'S POSSUM INC Applicant
AND: VICFORESTS Respondent
JUDGE: MORTIMER J DATE OF ORDER: 27 May 2020
THE COURT ORDERS THAT:
1. The respondent pay, on a party party basis, the applicant's costs of and incidental to: (a) the case management hearing on 14 February 2019; and (b) the additional expert reports prepared by Dr Andrew Smith (dated 7 May 2019) and Professor John Woinarski (dated 2 April 2019) in response to Mr William Paul's fourth affidavit. 2. The costs payable in paragraph 1 of these orders are to be taxed in default of agreement. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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