Federal Court of Australia
Federal Court of Australia
GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited (No 4) [2021] FCA 325 File number: NSD 1518 of 2018
Judgment of: COLVIN J
Date of judgment: 1 April 2021
Catchwords: PRACTICE AND PROCEDURE - costs - where applicant partially successful in proceedings - where applicant provided Calderbank Offer - where first defendant is bankrupt - whether indemnity costs should be awarded - whether appropriate to adjust costs orders by outcome on particular issues REMEDIES - declarations - where first defendant has breached statutory standards of conduct - whether appropriate to grant declaratory relief
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) r 25.14
Cases cited: Australian Building and Construction Commissioner v Construction, Forestry, Mining and Energy Union [2017] FCAFC 113; (2017) 254 FCR 68 Calderbank v Calderbank [1975] 3 All ER 333 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 234 CLR 52 GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited (No 3) [2021] FCA 227 GFIN Pty Limited v Gooden, in the matter of GFIN Pty Limited (No 2) [2020] FCA 1440 Hazeldene's Chicken Farm Pty Ltd v Victorian WorkCover Authority (No 2) [2005] VSCA 298; (2005) 13 VR 435 IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 22 IFTC Broking Services Limited v Commissioner of Taxation [2010] FCAFC 31 Kazar (Liquidator) v Kargarian; In the matter of Frontier Architects Pty Ltd (In Liq) [2011] FCAFC 136; (2011) 197 FCR 113 Mutton v Living Australia Pty Ltd, in the matter of Living Australia Pty Ltd [2020] FCA 739 Oshlack v Richmond River Council (1998) 193 CLR 72 Phonographic Performance Company of Australia Limited v Copyright Tribunal of Australia (Costs) [2019] FCAFC 192 PKT Technologies Pty Ltd (formerly known as Fairlight.au Pty Ltd) v Peter Vogel Instruments Pty Ltd (No 2) [2020] FCAFC 46
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