Federal Court of Australia
Federal Court of Australia
Skelin v Self Care Corporation Pty Ltd (No 2) [2022] FCA 50 File numbers: NSD 485 of 2021 NSD 745 of 2021
Judgment of: BURLEY J
Date of judgment: 4 February 2022
Catchwords: COSTS – application for third party costs order – where party is an undischarged bankrupt – where wife and mother paid part of the legal costs – whether wife and mother played active part in conduct of litigation – whether wife and mother have interest in the litigation – no third party costs orders made PRACTICE AND PROCEDURE – whether hearsay evidence is admissible in application for costs made consequent on an application for leave to appeal – whether costs orders sought in relation to stay application are interlocutory
Legislation: Evidence Act 1995 (Cth) s 75 Federal Court of Australia Act 1976 (Cth) ss 24(1)(a), 43 Federal Court Rules 2011 (Cth) rr 26.12, 26.14, 40.02(c) Legal Profession Act 2007 (Qld) s 322(4)(c)
Cases cited: Addenbrooke Pty Ltd v Duncan (No 2) [2017] FCAFC 76; 348 ALR 1 Bienstein v Bienstein [2003] HCA 7; 77 ALJR 908 Caboolture Park v White Industries [1993] FCA 667; 45 FCR 224 Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 10) [2009] FCA 498 Cribb (Liquidator) v Jackson [2019] FCA 1632 Dunghutti Elders Council (Aboriginal Corporation) RNTBC v Registrar of Aboriginal and Torres Strait Islander Corporations (No 4) [2012] FCAFC 50; 200 FCR 154 Dymocks Franchise Systems (NSW) Pty Ltd v Todd (No 2) [2004] UKPC 39; [2005] 4 All ER 195 Elevate Brandpartners Ltd v Hammond (No 4) [2020] FCA 421 FPM Constructions v Council of the City of Blue Mountains [2005] NSWCA 340 Hall v Nominal Defendant [1966] HCA 36; 117 CLR 423 Knight v FP Special Assets Ltd [1992] HCA 28; 174 CLR 178 KSMC Holdings Pty Ltd t/as Hubba Bubba Childcare on Haig v Bowden (No 3) [2020] NSWCA 158 Les Laboratoires Servier v Apotex Pty Ltd [2016] FCAFC 27; 247 FCR 61 Licul v Corney [1976] HCA 6; 180 CLR 213 Mbuzi v AGL Sales Pty Limited [2016] FCA 1313 Probiotec Ltd v The University of Melbourne [2008] FCAFC 5; 166 FCR 30 Self Care Corporation Pty Ltd v Green Forest International Pty Ltd (No 2) [2021] FCCA 1000 Self Care Corporation Pty Ltd v Green Forest International Pty Ltd (No 8) [2021] FCCA 1668 Skelin v Self Care Corporation Pty Ltd [2021] FCA 888
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