Frigger v Banning (No 13) [2023] FCA 923

Federal Court of Australia

Frigger v Banning (No 13) [2023] FCA 923 File number: WAD 607 of 2015

Judgment of: COLVIN J

Date of judgment: 9 August 2023

Catchwords: PRACTICE AND PROCEDURE - interlocutory application for permanent stay of bill of costs and return of security - where registrar conducting taxation adjourned as registrar viewed applicants' objection that the amounts breached the indemnity principle was required to be raised with the Court by interlocutory application - consideration of powers of registrar when conducting a taxation - consideration of different powers of officer entrusted with taxation - held Registrar does have the authority to determine whether the indemnity principle has been met - application refused

Legislation: Federal Court Rules 2011 (Cth) rr 40.28

Cases cited: Cachia v Hanes (1994) 179 CLR 403 Coogi Australia Pty Ltd v Hysport International Pty Ltd [1998] FCA 1270 Director of the Fair Work Building Industry Inspectorate v Abbott (No 5) [2013] FCA 522 Doyle v Hall Chadwick [2007] NSWCA 159 eInduct Systems Pty Ltd v 3D Safety Services Pty Ltd [2015] NSWCA 284; (2015) 90 NSWLR 451 Frigger v Banning [2016] FCA 359 Gett v Tabet [2009] NSWCA 76; (2009) 109 NSWLR 1 Halliday v High Performance Personnel Pty Ltd (in liq) (1993) 113 ALR 637 Hicks v Minister for Immigration and Multicultural and Indigenous Affairs [2003] FCA 757 Lowbeer v De Varda [2018] FCAFC 115; (2018) 264 FCR 228 Mango Boulevard Pty Ltd v Whitton [2018] FCA 399 Marsh v Baxter [No 2] [2016] WASCA 51 Noye v Robbins [2010] WASCA 83 Wentworth v Rogers [1999] NSWCA 403 Wentworth v Rogers [2006] NSWCA 145; (2006) 66 NSWLR 474 Windus v Director of the Fair Work Building Industry Inspectorate [2013] FCA 1053; (2013) 216 FCR 207