Federal Court of Australia
Federal Court of Australia
Davidson v Suncorp-Metway Limited (No 5) [2021] FCA 256 File number: QUD 18 of 2020
Judgment of: JACKSON J
Date of judgment: 23 March 2021
Catchwords: COSTS - discretion to award costs against a party's lawyers - primary applications were wholly unsuccessful - no apparent reason why lawyers commenced proceedings on behalf of one prospective applicant - no costs order made against lawyers COSTS - discretion to award costs - one prospective applicant did not actively participate in proceedings after lawyers ceased acting - whether inactive prospective applicant should be jointly and severally liable for costs with active prospective applicant - inactive applicant not liable for costs incurred after first hearing
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 7.23, 7.24, 26.12
Cases cited: Barkhazen v Conair Australia Pty Ltd (No 2) [2018] FCA 992 BHPB Freight Pty Ltd v Cosco Oceania Chartering Pty Ltd (No 4) [2009] FCA 1448; (2009) 263 ALR 63 Bitzer Australia Pty Ltd v Japp [2014] FCA 1040 Civil Properties Pty Ltd v Miluc Pty Ltd [2011] WASCA 195; (2011) 184 LGERA 150 Davidson v Suncorp-Metway Limited [2020] FCA 795 Davidson v Suncorp-Metway Limited (No 3) [2020] FCA 1593 Davidson v Suncorp-Metway Limited (No 4) [2021] FCA 25 Dyczynski v Gibson [2020] FCAFC 120; (2020) 381 ALR 1 Ford Motor Co of Australia Ltd v Lo Presti [2009] WASCA 115; (2009) 41 WAR 1 Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 FPM Constructions Pty Ltd v Council of the City of Blue Mountains [2005] NSWCA 340 Goritsas v Barakat [2012] NSWSC 36 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 Jack Brabham Engines Ltd v Beare [2010] FCA 1096 Mitry Lawyers v Barnden [2014] FCA 918 Oshlack v Richmond River Council (1998) 193 CLR 72 Probiotec Ltd v The University of Melbourne [2008] FCAFC 5; (2008) 166 FCR 30 Registrar v Unnamed Respondent (1994) 234 FLR 248 Strzelecki Holdings Pty Ltd v Jorgensen [2019] WASCA 96; (2019) 54 WAR 388 WA Property Holdings Pty Ltd v Hampton Transport Services [2017] FCA 1310 Young v Hughes Trueman Pty Ltd (No 4) [2017] FCA 456
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