Federal Court of Australia
Federal Court of Australia
Darshn v Avant Insurance Limited (No 3) [2021] FCA 1035 File number: NSD 1390 of 2020
Judgment of: MOSHINSKY J
Date of judgment: 23 August 2021
Catchwords: PRACTICE AND PROCEDURE – form of orders – costs – whether to order costs on an indemnity basis – whether to make an order in the nature of a Sanderson order
Legislation: Insurance Contracts Act 1984 (Cth), ss 40, 57
Cases cited: Australian Securities and Investments Commission v One Tech Media Ltd (No 6) [2020] FCA 842 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 Gould v Vaggelas (1985) 157 CLR 215 Lackersteen v Jones (No 2) (1988) 93 FLR 442; 38 NTLR 101; [1988] NTSC 72 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (No 2) [2017] FCAFC 116 Mouratidis v Brown [2002] FCAFC 330 Sanderson v Blyth Theatre Co [1903] 2 KB 533 Veda Advantage Limited v Malouf Group Enterprises Pty Limited (No 2) [2016] FCA 470
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 34
Date of hearing: 23 August 2021
Counsel for the Applicant: Mr G Donnellan with Ms K Morris
Solicitor for the Applicant: William Roberts Lawyers
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