Federal Court of Australia
Federal Court of Australia
Janbar Pty Ltd v Arborcrest Pty Ltd (No 2) [2020] FCA 1684 File number: SAD 148 of 2018
Judgment of: WHITE J
Date of judgment: 23 November 2020
Catchwords: COSTS – Applicant only partially successful in claim for damages in respect of building work – apportionment of costs – consideration of the manner in which the parties conducted the trial.
Legislation: Australian Consumer Law s 18 Civil Dispute Resolution Act 2011 (Cth) s 12 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Building Work Contractors Act 1995 (SA) s 32(2) Law Reform (Contributory Negligence and Apportionment of Liability) Act 2001 (SA) s 7 Rules of the District Court of South Australia r 17
Cases cited: Australian Competition and Consumer Commission v Harris Scarfe Australia Pty Ltd (No 2) [2009] FCA 433 De L v Director-General, NSW Department of Community Services (No 2) [1997] HCA 14; (1997) 190 CLR 207 Hockey v Fairfax Media Publications Pty Ltd (No 2) [2015] FCA 750; (2015) 237 FCR 127 Hughes v Western Australia Cricket Association (Inc) (1986) 8 ATPR 40-748 Victoria v Sportsbet Pty Ltd (No 2) [2012] FCAFC 174
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 51
Date of last submissions: 3 November 2020 (Applicants) 6 November 2020 (Respondents)
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