Richards v Han (Costs) [2023] FCA 211

Federal Court of Australia

Richards v Han (Costs) [2023] FCA 211 File number(s): ACD 71 of 2019

Judgment of: HALLEY J

Date of judgment: 13 March 2023

Catchwords: COSTS – where parties could not reach agreement on costs – where applicant sought order that respondents pay costs on a party and party basis – where respondents sought orders for applicant to pay respondents' costs on a party and party basis up to 13 October 2021 and thereafter on an indemnity basis and in the alternative on a party and party basis up to 25 June 2022 and thereafter on an indemnity basis – order made for respondents to pay 50% of the applicant's costs of the proceedings, as agreed or taxed

Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules 2011 (Cth) rr 1.35, 25.14

Cases cited: Australian Skills Quality Authority v Western Institute of Technology Pty Ltd [2017] FCAFC 183 Calderbank v Calderbank [1975] 3 All ER 333; [1976] Fam 93 Clifton v Kerry J Investment Pty Ltd (No 2) (2020) 277 FCR 382; [2020] FCAFC 112 InterPharma Pty Ltd v Hospira, Inc (No 4) [2018] FCA 45 Gladstone Park Shopping Centre Pty Ltd v Ross Wills and Others (1984) 6 FCR 496 Lodestar Anstalt v Campari America LLC (No 2) [2016] FCAFC 118 Richards v Han [2022] FCA 1539 Ritter v Godfrey [1920] 2 KB 47 Ruddock and Others v Vadarlis and Others (No 2) (2001) 115 FCR 229; [2001] FCA 1865 Summers v Repatriation Commission (No 2) [2015] FCAFC 64 Trade Practices Commission v Nicholas Enterprises Pty Ltd and Others (No 3) (1979) 42 FLR 213; [1979] FCA 143