Federal Court of Australia
Federal Court of Australia
Freedom Foods Pty Ltd v Blue Diamond Growers (No 2) [2021] FCA 409 File number: VID 644 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 23 April 2021
Catchwords: PRACTICE AND PROCEDURE – costs – international arbitration – where respondent sought stay of the proceeding pursuant to s 7(2) of the International Arbitration Act 1974 (Cth) – where stay granted – where respondent substantially successful – whether to depart from ordinary rule that costs follow the event
Legislation: International Arbitration Act 1974 (Cth), s 7
Cases cited: ACN 154 520 199 Pty Ltd (in liq) v Commissioner of Taxation (No 2) [2020] FCAFC 225 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 9
Date of last submissions: 7 April 2021
Date of hearing: Determined on the papers
Counsel for the Applicants: Mr PD Crutchfield QC with Dr AM Dinelli
Solicitor for the Applicants: Arnold Bloch Leibler
Counsel for the Respondent: Dr JP Moore QC, with Ms HA Tiplady and Mr T Farhall
Solicitor for the Respondent: Norton Rose Fulbright Australia
ORDERS VID 644 of 2020
BETWEEN: FREEDOM FOODS PTY LTD (ACN 068 972 181) First Applicant
FREEDOM FOODS GROUP INGLEBURN PTY LTD (ACN 600 569 382) Second Applicant
FREEDOM FOODS GROUP TRADING PTY LTD (ACN 614 863 286) (and another named in the Schedule) Third Applicant
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