Federal Court of Australia
Federal Court of Australia
Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd (No 2) [2023] FCA 871 File number: NTD 23 of 2020
Judgment of: CHARLESWORTH J
Date of judgment: 25 July 2023
Date of publication of reasons: 28 July 2023
Catchwords: COSTS – whether unsuccessful party was in breach of obligations under s 37N of the Federal Court of Australia Act 1976 (Cth) – whether unsuccessful party deserving of criticism in the conduct of the case – whether successful party should have its costs paid on an indemnity basis
Legislation: Evidence Act 1995 (Cth) s 136 Federal Court of Australia Act 1976 (Cth) ss 37M, 37N, 43 Federal Court Rules 2011 (Cth) r 40.02
Cases cited: Barnes v Addy (1874) LR 9 Ch App 244 Civil & Civic Pty Ltd v Pioneer Concrete (NT) Pty Ltd (1991) 103 FLR 196 Clifton v Kerry J Investments Pty Ltd (No 2) (2020) 277 FCR 382 Forest v Australian Securities and Investments Commission (2012) 247 CLR 486 Hillier v Martin (No 14) [2022] FCA 984 Latoudis v Casey (1990) 170 CLR 534 Morad v El-Ashey (No 2) [2017] FCA 1612 Optic Security Australia 2 Pty Limited v YC Investments (NT) Pty Ltd [2023] FCA 495 Royal Brunei Airlines Sdn Bhd v Tan [1995] 2 AC 378 Zibara v Ultra Management (Sports) Pty Ltd (2021) 283 FCR 18
Division: General Division
Registry: Northern Territory
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