Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Frigger v Kitay (Liquidator) (No 2) [2020] FCA 721 File number: WAD 549 of 2019
Judge: COLVIN J
Date of judgment: 26 May 2020
Catchwords: COSTS - application by plaintiff to vary costs order - where plaintiff unsuccessful in outcome of proceedings - whether adjustment should be made to general approach that costs awarded in favour of successful party - whether appropriate to adjust costs orders by reference to outcome on particular issues - application dismissed
Legislation: Bankruptcy Act 1966 (Cth) s 58 Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Firmware Technologies Inc v Asia Platinum Group Ltd [2016] WASCA 179; (2016) 50 WAR 453 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 Frigger v Kitay (Liquidator) [2020] FCA 482 Kazar (Liquidator) v Kargarian; In the Matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Kitay v Frigger [No 3] [2020] WASCA 55 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 PKT Technologies Pty Ltd (formerly known as Fairlight.au Pty Ltd) v Peter Vogel Instruments Pty Ltd (No 2) [2020] FCAFC 46 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229
Date of hearing: Determined on the papers
Date of last submissions: 6 May 2020 (Plaintiff) 21 May 2020 (Defendant)
Registry: Western Australia
Division: General Division
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