Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Marco (costs) [2020] FCA 835 File number: WAD 481 of 2018
Judge: MCKERRACHER J
Date of judgment: 12 June 2020
Catchwords: COSTS – of interlocutory application – whether any proper basis exists to depart from usual order that costs follow the event – where plaintiff succeeded on the substantive application – where the plaintiff was unsuccessful on some evidentiary points – where the plaintiff amended its relief in response to arguments raised by the defendants – where plaintiff sought reserved costs Held: Costs reserved
Legislation: Federal Court Rules 2011 (Cth) r 40.04
Cases cited: Arian v Nguyen [2001] NSWCA 5 Australian Securities and Investments Commission v Marco (No 3) [2020] FCA 719 Hart v Commissioner of Taxation (No 2) [2019] FCAFC 191 Neptune Hospitality Pty Ltd v Ozmen Entertainment Pty Ltd (costs) [2020] FCAFC 74 Oshlack v Richmond River Council (1998) 193 CLR 72 Waterman v Gerling Australia Insurance Co Pty Ltd (No 2) [2005] NSWSC 1111
Date of hearing: Determined on the papers
Date of last submissions: 8 June 2020
Registry: Western Australia
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Category: Catchwords
Number of paragraphs: 37
Counsel for the Plaintiff: Mr J Halley SC with Mr M Sherman
Solicitor for the Plaintiff: Australian Securities and Investments Commission
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