Federal Court of Australia
Federal Court of Australia
Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) (No 2) [2023] FCA 1205 File number: NSD 398 of 2021
Judgment of: KATZMANN J
Date of judgment: 10 October 2023
Catchwords: COSTS – application for review of taxation – where costs respondent alleged defective costs disclosure, whether no costs payable because of breach by costs applicant of indemnity principle – whether costs applicant proved all costs reasonably incurred
Legislation: Acts Interpretation Act 1901 (Cth) s 13 Legislation Act 2003 (Cth) s 13 Federal Court Rules 2011 (Cth) rr 40.01, 40.29, 40.30, 40.31, 40.34 Legal Profession Uniform Law (NSW) ss 172, 174, 178, 180(3) Legal Profession Uniform General Rules 2015 (NSW) r 72A
Cases cited: Australian Coal and Shale Employees' Federation v The Commonwealth (1953) 94 CLR 621 Cachia v Hanes (1994) 179 CLR 403 Cappello v Hammond & Simonds NSW Pty Ltd [2020] NSWSC 1021 Cappello v Homebuilding Pty Ltd (formerly known as Hammond & Simonds NSW Pty Ltd) [2021] FCA 981 Cappello v HomeBuilding Pty Ltd [2022] NSWDC 725 Cappello v HomeBuilding Pty Ltd [2023] NSWCA 109 Cassimatis v Australian Securities and Investments Commission [2016] FCA 131; 334 ALR 350 Homebuilding Pty Ltd v Cappello [2022] FedCFamC2G 576 Oshlack v Richmond River Council (1998) 193 CLR 72 Schweppes' Ltd v Archer (1934) 34 SR (NSW) 178
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