Federal Court of Australia
Federal Court of Australia
Core Building Group Pty Ltd v Devoy [2022] FCA 1407 File number(s): ACD 45 of 2020
Judgment of: GOODMAN J
Date of judgment: 28 November 2022
Catchwords: COSTS – where proceeding resolved without final hearing – whether a costs order should be made on the basis of unreasonable conduct or belated capitulation by the respondents – no unreasonable behaviour – belated capitulation on all issues other than the assessment of damages – order that the respondents pay the applicant's costs in so far as those costs relate to issues other than the assessment of damages
Legislation: Corporations Act 2001 (Cth), ss 182, 183, 1317H Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), rr 25.01, 25.14(3)
Cases cited: Bridging Capital Holdings Pty Ltd v Self Directed Super Funs Pty Ltd (Costs) [2022] FCA 361 Calderbank v Calderbank [1976] Fam 93 Nichols v NFS Agribusiness Pty Ltd [2018] NSWCA 84; (2018) 97 NSWLR 681 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin [1997] HCA 6; (1997) 186 CLR 622
Division: General Division
Registry: Australian Capital Territory
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 22
Date of last submission/s: 4 November 2022
Date of hearing: Determined on the papers
Solicitor for the Applicant: Aulich Civil Law
Solicitor for the Respondents: McInnes Wilson Lawyers
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