Hillier v Martin (No 16) [2022] FCA 1155

Federal Court of Australia

Hillier v Martin (No 16) [2022] FCA 1155 File number(s): SAD 113 of 2020

Judgment of: O'SULLIVAN J

Date of judgment: 20 September 2022

Catchwords: COSTS – application for costs following dismissal of an interlocutory application filed by a non-party – where costs to be assessed on a lump sum basis and the non-party pay costs forthwith pursuant to s 43 of the Federal Court of Australia Act 1976 (Cth) and r 40.13 of the Federal Court Rules 2011 (Cth) – where a party has incurred significant costs over and above those which it would have incurred had the opposing party acted with competence and diligence – where a discrete issue has been resolved – application granted

Legislation: Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), r 40.13

Cases cited: Australian Flight Test Services v Minister for Industry, Science and Technology [1996] FCA 288 Bischof v Adams [1992] 2 VR 198 Caboolture Park Shopping Centre Pty Ltd (In Liq) v White Industries (QLD) Pty Ltd [1993] FCA 667; (1993) 45 FCR 224 Citrus Queensland Pty Ltd v Sunstate Orchards Pty Ltd (No 10) [2009] FCA 498 Gore v Justice Corp Pty Ltd [2002] FCAFC 354; (2002) 119 FCR 429 Hillier v Martin (No 13) [2022] FCA 939 Kebaro Pty Ltd v Saunders [2003] FCAFC 5 Knight v FP Special Assets Ltd [1992] HCA 28; (1992) 174 CLR 178 Life Therapeutics Ltd v Bell IXL Investments Ltd (No 2) [2008] FCAFC 158; (2008) 170 FCR 595 Vestris v Cashman (1998) 72 SASR 449 Watson v Kriticos (Costs of Summary Judgment Application) [2021] FCA 917 Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4