Federal Court of Australia
Federal Court of Australia
Hanwood Pastoral Co Pty Limited v Kelly (No 3) [2022] FCA 1579 File number(s): NSD 1053 of 2019
Judgment of: HALLEY J
Date of judgment: 22 December 2022
Catchwords: COSTS – application for determination of fixed sum costs orders pursuant to r 40.02 of the Federal Court Rules 2011 (Cth) for four interlocutory costs orders made against first defendant – where fixed sum costs orders made subject to deductions – where subsequent application by first defendant made in course of case management hearing for additional costs orders and order for payment of settlement amount (September 2022 Application) – whether first defendant entitled to costs order pursuant to s 43 of the Federal Court of Australia Act 1976 (Cth) – whether first defendant's acts or omissions constituted conduct disentitling him to costs order in his favour – where first defendant failed to attend case management hearings or comply with Court timetables and engaged in combative correspondence – where impugned conduct largely attributable to ongoing medical conditions, hearing difficulties, financial constraints and COVID-19 restrictions – qualified order that plaintiff pay first defendant's costs of the proceeding – September 2022 Application otherwise dismissed
Legislation: Corporations Act 2001 (Cth) ss 242 Federal Court of Australia Act 1976 (Cth) ss 43 Federal Court Rules 2011 (Cth) rr 40.02
Cases cited: Beach Petroleum NL and Another v Johnson and Others (No 2) (1995) 57 FCR 119 G R Vaughan (Holdings) Pty Ltd v Vogt [2006] NSWCA 263 Hanwood Pastoral Co Pty Limited v Kelly [2020] FCA 1020 Hanwood Pastoral Co Pty Limited v Kelly (No 2) [2022] FCA 850 Keddie v Foxall [1955] VLR 320 Keen v Telstra Corporation Limited (No 2) [2006] FCA 930 Les Laboratoires Servier v Apotex Pty Ltd (2016) 247 FCR 61 Oshlack v Richmond River Council (1998) 193 CLR 72 Playcorp Group of Companies Pty Ltd v Peter Bodum A/S (No 2) [2010] FCA 455 Tomanovic v Global Mortgage Equity Corporation Pty Ltd (No 2) [2011] NSWCA 256; (2011) 288 ALR 385
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate