Federal Court of Australia
Federal Court of Australia
Zhao v Ausin Group (Australia) Pty Ltd (No 2) [2023] FCA 498 File number(s): VID 1175 of 2019
Judgment of: MCELWAINE J
Date of judgment: 22 May 2023
Catchwords: COSTS – costs of discontinued proceeding – where each party seeks costs – whether presumption created by r 26.12(7) of the Federal Court Rules 2011 (Cth) is displaced – where first respondent acted unreasonably by failing to disclose the value of the shares the subject of the claim – order for costs against the first respondent
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Federal Court Rules 2011 (Cth) rr 26.12, 40.02 Evidence Act 1995 (Cth) s 131(2)(h)
Cases cited: Blatch v Archer (1774) 1 Cowp 63; (1774) 98 ER 969 Dalian Huarui Heavy Industry International Co Ltd v Duro Felguera Australia Pty Ltd [2018] FCA 905 Jones v Dunkel (1959) 101 CLR 298 ONE.TEL Ltd v Commissioner of Taxation (2000) 101 FCR 548; [2000] FCA 270 O'Neill v Mann [2000] FCA 1680 Re Minister for Immigration and Ethnic Affairs; Ex Parte Lai Qin (1997) 186 CLR 622 Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1760 Travaglini v Raccuia [2012] FCA 62 Vita Group, In the matter of Vita Group Ltd [2023] FCA 400
Division: General Division
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