Federal Court of Australia
Federal Court of Australia
Ingram as trustee for the Ingram Superannuation Fund v Ardent Leisure Limited (No 2) [2020] FCA 1390 File number: QUD 212 of 2020
Judgment of: DERRINGTON J
Date of judgment: 1 October 2020
Catchwords: PRACTICE AND PROCEDURE – costs – departing from usual rule that costs follow the event – successful respondents failing on a number of grounds – successful respondents failing to articulate grounds of opposition prior to hearing
Legislation: Corporations Act 2001 (Cth) s 247A Federal Court of Australia Act 1976 (Cth) ss 37N, 37M, 43
Cases cited: Evans v Davantage Group Pty Ltd (No 2) [2020] FCA 473 Ingram as trustee for the Ingram Superannuation Fund v Ardent Leisure Limited [2020] FCA 1302 Northern Territory v Sangare (2019) 265 CLR 164 Oshlack v Richmond River Council (1998) 193 CLR 72 Smeaton Hanscomb & Co Ltd v Sassoon I Setty, Son & Co (No 2) [1953] 1 WLR 1481 Smith v Gould (No 2) [2012] VSC 541 Sweeney v Boylan Nominees Pty Ltd (2006) 226 CLR 161 Sze Tu v Lowe (No 2) [2015] NSWCA 91 White v Overland [2001] FCA 1333
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 45
Date of last submission/s: 25 September 2020
Date of hearing: Heard on the papers
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