Federal Court of Australia
Federal Court of Australia
CCGF Holdings Pty Ltd v Coegi Group Pty Ltd (No 2) [2020] FCA 1596 File number: QUD 870 of 2018
Judgment of: RANGIAH J
Date of judgment: 4 November 2020
Catchwords: COSTS – where prima facie defence sufficient to warrant setting aside of default judgment against fifth respondent subject to consideration of costs – discretion as to costs – whether applicant's rejection of settlement offers unreasonable or imprudent – whether fifth respondent should pay costs of the application and the costs thrown away – whether costs should be paid on an indemnity basis or a party-and-party basis – whether applicant should be permitted tax costs forthwith – costs of application ordered on indemnity basis – costs thrown away awarded on party-and-party basis with leave for such costs to be taxed forthwith
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 1.34, 1.35 and 40.13
Cases cited: Anchorage Capital Partners Pty Ltd v ACPA Pty Ltd (No 2) [2018] FCAFC 112 Aon Risk Services Australia Ltd v Australian National University (2009) 239 CLR 175 Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136 CCGF Holdings Pty Ltd v Coegi Group Pty Ltd [2020] FCA 1402 Dai v Zhu [2013] NSWCA 412 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 5) [2018] FCA 19 J & M McNamee Holdings Pty Ltd v Mungerie Vale Pty Ltd trading as Greenwood Group Realtors [2019] NSWCA 283 Magnate Projects Pty Ltd v Youma Constructions (No 2) Pty Ltd [2005] NSWCA 331 Pinnacle Runway Pty Ltd v Triangl Limited (No 3) [2020] FCA 1379 Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 Re Zagoridis; Ex parte Q'Plas Group Pty Ltd (1990) 27 FCR 108 Setka v Hon Abbott MP (No 2) [2013] VSCA 376 The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 2) [2020] FCA 333 Thunderdome Racetiming & Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297 Vasyli v AOL International [1996] FCA 804
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