Future Invented Pty Ltd v Gebaut Environment Pty Ltd, in the matter of Gebaut Environment Pty Ltd [2021] FCA 1034

Federal Court of Australia

Future Invented Pty Ltd v Gebaut Environment Pty Ltd, in the matter of Gebaut Environment Pty Ltd [2021] FCA 1034 File number(s): NSD 65 of 2021

Judgment of: CHEESEMAN J

Date of judgment: 7 September 2021

Catchwords: PRACTICE AND PROCEDURE – Costs - Application for review of the exercise by the Registrar of the power of the Court to make an order as to costs under s 35A(5) of the Federal Court of Australia Act 1976 (Cth) – where substantive proceedings were dismissed – where Registrar ordered the plaintiff's costs to be paid in a fixed amount – where defendant seeks to set aside award of costs – where defendant seeks order that costs of the substantive proceedings be paid on an indemnity basis – whether there is any reason to depart from the usual order – whether the conduct of the parties to the litigation ought to be considered – Held: defendant to pay the plaintiff's costs in the fixed amount of $12,000.

Legislation: Federal Court of Australia Act 1976 (Cth), s 35A(5) Federal Court Rules 2011 (Cth), r 26.12

Cases cited: Australian Securities and Investments Commission v Lanepoint Enterprises Pty Ltd (Recs and Mgrs Apptd) [2011] HCA 18; (2011) 244 CLR 1 Immigration and Ethnic Affairs, Re Minister for; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622 Mazukov v University of Tasmania [2004] FCAFC 159 Rhodium Australia Pty Ltd v Deputy Commissioner of Taxation [2012] FCAFC 17 Ruddock v Vadarlis (No 2) [2001] FCA 1865; (2001) 115 FCR 229

Division: General Division

Registry: New South Wales