Federal Court of Australia
Federal Court of Australia
Stephens v Sena, in the matter of Vtara Solar Pty Ltd [2020] FCA 1179 File number: ACD 18 of 2020
Judgment of: STEWART J
Date of judgment: 30 July 2020
Catchwords: COSTS – proper exercise of discretion to award costs in circumstances where claim proposed to be discontinued – departure from general policy of the law that the plaintiff should be permitted to discontinue a proceeding but should ordinarily pay the costs of the defendant – where defendant acceded to orders for substantive relief – where defendant unable to show relief was not warranted PRACTICE AND PROCEDURE – award of costs on a lump sum basis pursuant to r 40.02 of the Federal Court Rules 2011 (Cth)
Legislation: Federal Court Rules 2011 (Cth) rr 26.12, 40.02
Cases cited: Clark v ING Life Limited [2007] FCA 1960 Elevate Brandpartners Ltd v Hammond (No 4) [2020] FCA 421 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin [1997] HCA 6; 186 CLR 622 Rickus v Motor Trades Association of Australia Superannuation Fund Proprietary Limited [2010] FCAFC 16; 265 ALR 112
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 32
Date of hearing: 30 July 2020
Counsel for the Plaintiff: Dr C Ward SC
Solicitor for the Plaintiff: Mark Hanna Lawyers
Counsel for the Defendant: D M Roberts
Solicitor for the Defendant: Stacks Law Firm
ORDERS ACD 18 of 2020 IN THE MATTER OF VTARA SOLAR PTY LTD BETWEEN: CLIVE STEPHENS Plaintiff
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