Federal Court of Australia
Federal Court of Australia
Edser v QSuper Board (Costs) [2022] FCA 233 File number: NSD 400 of 2021
Judgment of: PERRAM J
Date of judgment: 16 March 2022
Catchwords: COSTS – where Applicant successful on only one ground – where First Respondent did not contribute to error found in trial – whether fractional approach is appropriate
Cases cited: Edser v QSuper Board [2021] FCA 1437
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 4
Date of last submissions: 4 February 2022 (Applicant) 10 February 2022 (First Respondent) 4 February 2022 (Second Respondent)
Date of hearing: Determined on the papers
Counsel for the Applicant: Mr D Kelsey-Sugg
Solicitor for the Applicant: Harmers Workplace Lawyers
Counsel for the First Respondent: Mr K F Holyoak
Solicitor for the First Respondent: Mills Oakley
Counsel for the Second Respondent: Mr A R Di Stefano
Solicitor for the Second Respondent: Becketts Lawyers
ORDERS NSD 400 of 2021
BETWEEN: SHANON EDSER Applicant
AND: QSUPER BOARD First Respondent
AUSTRALIAN FINANCIAL COMPLAINTS AUTHORITY LIMITED Second Respondent
order made by: PERRAM J DATE OF ORDER: 16 March 2022
THE COURT ORDERS THAT:
1. The First Respondent pay the Applicant's costs. 2. There be no order as to the Second Respondent's costs. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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