Federal Court of Australia
Federal Court of Australia
Australian Securities and Investments Commission v Mitchell (No 4) [2021] FCA 1387 File number: VID 1449 of 2018
Judgment of: BEACH J
Date of judgment: 5 November 2021
Catchwords: COSTS – indemnity costs – existence of power – exercise of discretion – order refused
Legislation: Federal Court Rules 2011 (Cth) rr 39.04, 39.05, 40.01, 40.02
Cases cited: Allergan Australia Pty Limited v Self Care IP Holdings Pty Limited (No 2) [2021] FCA 185 Barnes v Forty Two International Pty Limited (No 2) [2015] FCAFC 19 Endresz v The Commonwealth (2019) 273 FCR 286 Notaras v Barcelona Pty Limited (No 2) [2019] FCA 617 Verrocchi v Direct Chemist Outlet Pty Ltd (No 2) [2016] FCAFC 162
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 88
Date of hearing: 5 November 2021
Counsel for the Plaintiff: Mr PW Collinson QC and Mr AJ Weinstock
Solicitor for the Plaintiff: Norton Rose Fulbright Australia
Counsel for the First Defendant: The first defendant did not appear
Counsel for the Second Defendant: Mr P Flynn SC
Solicitor for the Second Defendant: Herbert Smith Freehills
ORDERS VID 1449 of 2018
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION Plaintiff
AND: HAROLD CHARLES MITCHELL First Defendant
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