Federal Court of Australia
Federal Court of Australia Mununggurr v Channel Seven Sydney Pty Ltd (No 2) [2022] FCA 999 File number(s): NSD 291 of 2019
Judgment of: RARES J
Date of judgment: 9 August 2022
Catchwords: PRACTICE AND PROCEDURE – taxation of costs – referees – adoption of referee's report – review of taxation of costs – where proceeding settled on basis that respondents would pay applicants' costs as agreed or taxed – where proceeding posed complex and novel questions and involved taking instructions from numerous witnesses, including children, in remote circumstances – where taxing officer disallowed all fees of second solicitor taking statements and attending mediation on country – whether taxing officer erred in principle
Legislation: Federal Court Rules 2011 rr 28.66, 28.67, 40.27, 40.30, 40.31, 40.34, Sch 3
Cases cited: Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621 Cassimatis v Australian Securities and Investments Commission (2016) 334 ALR 350 Chocolate Factory Apartments Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 House v The King (1936) 55 CLR 499 Mununggurr v Channel Seven Sydney Pty Ltd [2019] FCA 2188 Schweppes Limited v Archer (1934) 34 SR (NSW) 178 Sheehan v Lloyds Names Munich Re Syndicate Ltd [2017] FCA 1340
Division: General Division
Registry: New South Wales
National Practice Area: Other Federal Jurisdiction
Number of paragraphs: 41
Date of hearing: 9 August 2022
Counsel for the Applicants: Ms M Castle
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