Federal Court of Australia
Federal Court of Australia
Pathmanathan v St John of God Healthcare Inc (No 4) [2023] FCA 817 File number(s): VID 781 of 2018
Judgment of: MCELWAINE J
Date of judgment: 21 July 2023
Catchwords: COSTS – application for indemnity costs, alternatively party and party costs – where applicant made unsubstantiated allegations of fraud and improper conduct – where applicant disregarded comments of judge in related proceeding and persisted with claims despite deficiencies – partial indemnity costs order made
Legislation: Federal Court Rules 2011 (Cth) r 40.02(b)
Cases cited: Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 King v Yurisich (No 2) [2007] FCAFC 51 MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd (No 2) (1996) 70 FCR 236 Pathmanathan v Healthscope Operations Pty Ltd [2020] FCA 65 Pathmanathan v St John of God Healthcare Inc (No 3) [2023] FCA 628 Pathmanathan v St John of God Healthcare Inc [2019] FCA 1460
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
Number of paragraphs: 16
Date of last submission/s: 27 June 2023 (Respondent) 7 July 2023 (Applicant)
Date of hearing: Determined on the papers
Counsel for the Applicant: The Applicant appeared in person
Counsel for the Respondent: Mr R Millar
Solicitor for the Respondent: HWL Ebsworth Lawyers
ORDERS VID 781 of 2018
BETWEEN: AJINTHA PATHMANATHAN Applicant
AND: ST JOHN OF GOD HEALTHCARE INC Respondent
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