Federal Court of Australia
Federal Court of Australia
Michael Wilson & Partners Ltd v Porter (No 3) [2022] FCA 998 File number: NSD 767 of 2021
Judgment of: STEWART J
Date of judgment: 26 August 2022
Catchwords: COSTS – application for indemnity costs – where application in respect of which costs are sought was shockingly poorly prepared and run, cast scandalous allegations about like confetti, was hopeless, and should never have been brought – application granted
Legislation: Federal Court of Australia Act 1976 (Cth) s 37N(1) Legal Profession Uniform Law Australian Solicitors' Conduct Rules 2015 (NSW) r 17.1 Costs Practice Note (GPN-COSTS)
Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; 269 CLR 333 Charisteas v Charisteas [2021] HCA 29; 393 ALR 389 Dyer v Chrysanthou (No 2) (Injunction) [2021] FCA 641; 402 ALR 659 Ebner v Official Trustee in Bankruptcy [2000] HCA 63; 205 CLR 337 House v The King [1936] HCA 40; 55 CLR 499 Kallinicos v Hunt [2005] NSWSC 1181; 64 NSWLR 561 McIlraith v Ilkin (Costs) [2007] NSWSC 1052 Melbourne City Investments Pty Ltd v Treasury Wine Estates Ltd (No 2) [2017] FCAFC 116 Michael Wilson & Partners Ltd v Porter [2022] FCA 336 Michael Wilson & Partners Ltd v Porter (No 2) [2022] FCA 901 Michael Wilson & Partners Ltd v Porter (High Court of Australia, Keane J, 17 August 2022) Mumbin v Northern Territory (No 2) [2020] FCA 475 Porter v Dyer [2022] FCAFC 116; 402 ALR 659
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