Jadwan Pty Ltd v Rae & Partners (a firm) (No 6) [2021] FCA 542

Federal Court of Australia

Jadwan Pty Ltd v Rae & Partners (a firm) (No 6) [2021] FCA 542 File number(s): TAD 28 of 2018

Judgment of: WHEELAHAN J

Date of judgment: 19 May 2021

Catchwords: PRACTICE AND PROCEDURE – appellant's applications for an extension of time within which to file an application for review of a Registrar's lump sum costs assessment, and a stay on the enforcement of a costs order in favour of the fifth respondent – fifth respondent's application for payment from monies held as security for costs of the costs as assessed by the Registrar and interest – where no reason or evidence given by appellant explaining the delay in filing and serving the application for a review of the Registrar's costs assessment – where the appellant did not raise certain arguments before the Full Court or the Registrar in respect of costs – where the fifth respondent's costs as assessed do not otherwise appear to be unreasonable in the circumstances – appellant's applications dismissed – order made that the fifth respondent's costs as assessed by the Registrar and interest thereon be paid.

Legislation: Federal Court of Australia Act 1976 (Cth), s 35A(1)(h) and (5) Federal Court Rules 2011 (Cth), rr 3.01(b), 3.11, 40.34(2) and 40.35, item 221 of Schedule 2

Cases cited: Bechara v Bates [2021] FCAFC 34 Hinchcliffe v Carroll [1969] VR 164 Nangus Pty Ltd v Charles Donovan Pty Ltd [1989] VR 184 Paciocco v Australia & New Zealand Banking Group (No 2) [2017] FCAFC 146; 253 FCR 403 Statham v Shephard (No 2) (1974) 23 FLR 244 Van Eeden v Henry [2005] NSWCA 14; 62 NSWLR 301