Puxty v Monarch Advisory Group Pty Ltd (Costs) [2023] FCA 650

Federal Court of Australia

Puxty v Monarch Advisory Group Pty Ltd (Costs) [2023] FCA 650 File number(s): NSD 779 of 2021

Judgment of: THAWLEY J

Date of judgment: 19 May 2023

Catchwords: COSTS – application for indemnity costs – where respondent went to lengths to explain why grounds of appeal were misconceived – where costs of proceeding were significantly increased by a lack of attention given to the basis for the application – indemnity costs awarded

Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43

Cases cited: Colgate Palmolive Co v Cussons Pty Ltd [1993] FCA 801; 46 FCR 225 Monarch Advisory Group Pty Ltd v Puxty (No 2) [2021] FCA 801 Puxty v Monarch Advisory Group Pty Ltd [2022] FCA 153

Division: General Division

Registry: New South Wales

National Practice Area: Commercial and Corporations

Sub-area: Regulator and Consumer Protection

Number of paragraphs: 14

Date of last submission/s: 8 March 2022

Date of hearing: Determined on the papers

Solicitor for the Applicant: Edge Legal Group

Solicitor for the Respondent: Madison Marcus Law Firm Pty Ltd

ORDERS NSD 779 of 2021

BETWEEN: BRETT JAMES PUXTY Applicant

AND: MONARCH ADVISORY GROUP PTY LTD Respondent

order made by: THAWLEY J DATE OF ORDER: 19 MAY 2023

THE COURT ORDERS THAT:

1. The applicant pay the respondent's costs of the application for an extension of time and leave to appeal: (a) on the party and party basis up to and including 15 September 2021; and (b) on the indemnity basis from 16 September 2021. 2. The applicant pay the respondent's costs of this costs application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.