Federal Court of Australia
Federal Court of Australia
AAL Aviation Limited v Perth Airport Pty Ltd (No 2) [2022] FCA 813 File number: NSD 1351 of 2021
Judgment of: JAGOT J
Date of judgment: 14 July 2022
Catchwords: COSTS — application for indemnity costs arising from respondent's unsuccessful challenge to Court's jurisdiction — no circumstances justifying indemnity costs — costs awarded on usual basis
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Judiciary Act 1903 (Cth) s 39B(1A)(c)
Cases cited: AAL Aviation Limited v Perth Airport Pty Ltd [2022] FCA 437 Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5; (2022) 96 ALJR 234 Kadam v MiiResorts Group 1 Pty Ltd [2017] FCA 1138 Re Culleton [2017] HCA 3; (2017) 91 ALJR 302
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 17
Date of last submission: 20 June 2022
Date of hearing: Determined on the papers
Counsel for the Applicant: Dr B Kremer and Mr T Rogan
Solicitor for the Applicant: MinterEllison Lawyers
Counsel for the Respondent: Ms J K Taylor SC with Mr P A Walker
Solicitor for the Respondent: Allens
ORDERS NSD 1351 of 2021
BETWEEN: AAL AVIATION LIMITED Applicant
AND: PERTH AIRPORT PTY LTD Respondent
order made by: JAGOT J DATE OF ORDER: 14 JULY 2022
THE COURT ORDERS THAT:
1. The respondent pay the applicant's costs of and in connection with the issue of jurisdiction determined in AAL Aviation Limited v Perth Airport Pty Ltd [2022] FCA 437, including the dispute about the issue of costs, as agreed or taxed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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