Federal Court of Australia
Federal Court of Australia
Gale v Australian Financial Complaints Authority (No 2) [2023] FCA 1125 File number(s): VID 501 of 2022
Judgment of: MCEVOY J
Date of judgment: 21 September 2023
Catchwords: COSTS - application by successful party for indemnity costs against the respondent Australian Financial Complaints Authority and trustee – where both respondents filed submitting notices save as to costs – Hardiman principle considered – public benefit and benefit for applicant in the filing of submitting notices by the respondents – application dismissed
Legislation: Corporations Act 2001 (Cth) ss 1055, 1057
Cases cited: Bullivant v Australian Meat Industry Superannuation Pty Ltd [2018] FCA 1588 EEU20 v Meat Industry Employees' Superannuation Fund Pty Ltd (Trustee) (No 2) [2020] FCA 1536 Finch v Telstra Super Pty Ltd [2010] HCA 36; (2010) 242 CLR 254 Gale v Australian Financial Complaints Authority [2023] FCA 470 MS PD v Registrar of the Federal Court of Australia (No 2) [2021] FCA 1665 Our Town FM Pty Ltd v Australian Broadcasting Tribunal (No 3) (1987) 77 ALR 609 Pham v Victims of Crime Assistance Tribunal [2016] VSCA 135 R v Australian Broadcasting Tribunal; Ex parte Hardiman (1980) 144 CLR 13
Division: General Division
Registry: Victoria
National Practice Area: Administrative and Constitutional Law and Human Rights
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