Federal Court of Australia
Federal Court of Australia
Caratti v Commissioner of the Australian Federal Police [2021] FCA 1067 Appeal from: Application for leave to appeal: Zafra Legal Pty Ltd v Harris (Liquidator) (No 3) [2021] FCA 441
File numbers: WAD 109 of 2021 WAD 110 of 2021 WAD 112 of 2021 WAD 113 of 2021
Judgment of: COLVIN J
Date of judgment: 6 September 2021
Catchwords: COSTS - applications for leave to appeal from decision of primary judge determining quantum of costs - where primary judge conducted de novo review of registrar's assessment of lump sum costs - where assessment of lump sum costs referred to registrar by Full Court following dismissal of applicant's appeals - whether leave required to appeal from costs judgment - whether substantial injustice if leave not granted - applications dismissed
Legislation: Federal Court of Australia Act 1976 (Cth) s 35A Federal Court Rules 2011 (Cth) rr 3.01, 40.02, Schedule 2 Item 221
Cases cited: ALDI Foods Pty Limited as General Partner of ALDI Stores (A Limited Partnership) v Transport Workers' Union of Australia [2020] FCAFC 231 Bitek Pty Ltd v IConnect Pty Ltd [2012] FCA 506 Cardno BSD Pty Ltd v Water Corporation [No 2] [2011] WASCA 161 Crescent Capital Partners Management Pty Limited v Crescent Funds Management (Aust) Limited [2019] FCA 1082 Décor Corp Pty Ltd v Dart Industries Inc (1993) 33 FCR 397 Hacker v Weston [2015] FCA 790 In the matter of an appeal by Gaye Alexandra Mary Luck [2003] HCA 70 In the Matter of an Application by the Chief Commissioner of Police (Vic) [2005] HCA 18 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; (2016) 247 FCR 61 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd [2019] FCA 1458 Paciocco v Australia and New Zealand Banking Group Limited (No 2) [2017] FCAFC 146; (2017) 253 FCR 403 Probiotec Limited v The University of Melbourne [2008] FCAFC 5; (2008) 166 FCR 30 Robson as former trustee of the estate of Samsakopoulos v Body Corporate for Sanderling at Kings Beach CTS 2942 [2021] FCAFC 143
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