Delpachitra v University of Technology Sydney (No 2) [2022] FCA 393

Federal Court of Australia

Delpachitra v University of Technology Sydney (No 2) [2022] FCA 393 File number: SAD 124 of 2020

Judgment of: BESANKO J

Date of judgment: 13 April 2022

Catchwords: PRACTICE AND PROCEDURE — application by respondent for order for indemnity costs with respect to Interlocutory application dated 30 March 2021 — where orders made on 25 January 2022 that further amended Statement of claim dated 19 March 2021 be struck out — where applicant had had three opportunities to address appropriate pleading of case and with addition of two schedules of proposed amendments relied on at hearing of respondent's Interlocutory application, he had had five opportunities to do so — where applicant does not dispute respondent entitled to order for costs but contends for costs on party and party basis — whether appropriate case for order for indemnity costs — where case does not fall within well-established categories for award of indemnity costs — categories not closed — no special or unusual feature sufficient to found order for indemnity costs — order for costs on party and party basis

Legislation: Federal Court of Australia Act 1976 (Cth) Pt VB

Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd [1993] FCA 536; (1993) 46 FCR 225 Delpachitra v University of Technology Sydney [2022] FCA 22

Division: General Division

Registry: South Australia

National Practice Area: Administrative and Constitutional Law and Human Rights

Number of paragraphs: 4

Date of hearing: 23 February 2022

Counsel for the Applicant: Mr S Richter

Solicitor for the Applicant: Matti Lamb & Associates

Counsel for the Respondent: Ms K Edwards