Federal Court of Australia
Federal Court of Australia
Fairfield Pastoral Holdings Pty Ltd as trustee of the Piney Ridge Trust v Van Niekerk (No 2) [2024] FCA 61 File number: SAD 50 of 2022
Judgment of: KENNETT J
Date of judgment: 8 February 2024
Catchwords: COSTS – where proceeding wholly dismissed – whether to award costs on an issue-by-issue basis – insufficient reason to depart from usual order as to costs
Cases cited: Commissioner of Taxation v Bosanac [2022] FCAFC 5 Fairfield Pastoral Holdings Pty Ltd as trustee of the Piney Ridge Trust v Van Niekerk [2023] FCA 1185 Fairfield Pastoral Holdings Pty Ltd v Ridge Estate Pty Ltd (No 4) [2022] FCA 1 Firebird Global Master Fund II Ltd v Republic of Nauru (No 2) [2015] HCA 53; 90 ALJR 270
Division: General Division
Registry: South Australia
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
Number of paragraphs: 16
Date of last submission: 15 November 2023
Date of hearing: Determined on the papers
Counsel for the Applicant: S D Ower KC and L G Gentry
Solicitor for the Applicant: 1878 Elix Lawyers
Counsel for the Respondent: T P Kentish
Solicitor for the Respondent: HGV Legal
ORDERS SAD 50 of 2022
BETWEEN: FAIRFIELD PASTORAL HOLDINGS PTY LIMITED AS TRUSTEE FOR THE PINEY RIDGE TRUST Applicant
AND: BRENDA VAN NIEKERK Respondent
order made by: kennett j DATE OF ORDER: 8 february 2024
THE COURT ORDERS THAT:
1. The applicant is to pay the respondent's costs of the proceeding as agreed or assessed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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