Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Merlin Diamonds Limited (No 4) [2020] FCA 990 File number(s): VID 505 of 2019
Judge(s): O'BRYAN J
Date of judgment: 15 July 2020
Catchwords: PRACTICE AND PROCEDURE – costs – whether costs order should be made against non-parties – where non-parties made submissions in the interlocutory and substantive hearings – where plaintiff wholly successful in the proceeding
Legislation: Corporations Act 2001 (Cth) s 466(2) Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 78A(2) Workplace Relations Act 1996 (Cth) s 471(2) Federal Court (Corporations) Rules 2000 (Cth) r 2.13
Cases cited: Australian Industry Group v Automotive, Food, Metals, Engineering, Printing & Kindred Industries Union [2003] FCAFC 226 Australian Securities and Investments Commission v Merlin Diamonds Limited [2019] FCA 1546 Australian Securities and Investments Commission v Merlin Diamonds Limited (No 3) [2020] FCA 411 Grocon Constructors Pty Ltd v Kimberley Securities Ltd [2009] NSWSC 691 Johnston v Cameron [2002] FCAFC 301 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v F P Special Assets Ltd (1992) 174 CLR 178 O'Toole v Charles David Pty Ltd (1991) 171 CLR 232 Re Pan Pharmaceuticals Ltd; Selim v McGrath (2004) 48 ACSR 681 Ruddock v Vardalis (No 2) (2001) 115 FCR 229
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