Federal Court of Australia
Federal Court of Australia
Molnar v Good Mood Food Pty Ltd [2020] FCA 1242 File number: WAD 583 of 2019
Judgment of: JACKSON J
Date of judgment: 27 August 2020
Catchwords: COSTS - consent orders made in favour of plaintiff without merits hearing - application for costs to be awarded on indemnity basis - whether parties' conduct of case was reasonable - whether position of defendant was reasonably arguable - where each party alleged that the other committed an abuse of process - not appropriate to make substantive findings regarding abuse of process in a costs decision - party-party costs awarded to plaintiff up to date of consent orders disposing of matter - no order as to costs of costs dispute
Legislation: Corporations Act 2001 (Cth) ss 293, 315
Cases cited: Civil Properties Pty Ltd v Miluc Pty Ltd [2011] WASCA 195 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Williams v Spautz (1992) 174 CLR 509
Division: General Division
Registry: Western Australia
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 35
Date of last submission/s: 19 June 2020 & 3 July 2020 (plaintiff) 26 June 2020 (defendant)
Date of hearing: Determined on the papers
Counsel for the Plaintiff: Mr MW Mistilis
Solicitor for the Plaintiff: Hotchkin Hanly Lawyers
Counsel for the Defendant: Mr JA Robertson
Solicitor for the Defendant: Williams & Hughes
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