Federal Court of Australia
Federal Court of Australia
VDCL v Purcell [2024] FCA 107 File number(s): VID 619 of 2023
Judgment of: HORAN J
Date of judgment: 22 February 2024
Catchwords: COSTS – leave to discontinue proceedings – costs of discontinued proceeding – discontinuing party liable for costs under r 26.12(7) of the Federal Court Rules 2011 (Cth) unless terms of a consent or an order of the Court provide otherwise – where discontinuing party seeks order that each party bear their own costs – whether good reason for Court to order otherwise under r 26.12(7) – where proceeding discontinued by applicant due to lack of financial means – where applicant acted reasonably in conduct of proceeding – whether applicant's impecuniosity amounts to good reason to order that each party bear their own costs – applicant liable to pay respondents' costs
Legislation: Australian Crime Commission Act 2002 (Cth) ss 7C(2), 28 Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court Rules 2011 (Cth) r 26.12
Cases cited: Armstrong v Australian Community Pharmacy Authority [2012] FCA 577 Australian Securities and Investments Commission v Diploma Group Limited (No 3) [2017] FCA 891 Colgate Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Dalian Huarui Heavy Industry International Co Ltd v Duro Felguera Australia Pty Ltd [2018] FCA 905 El-Debel v Secretary, Department of Immigration and Border Protection [2014] FCA 474; 141 ALD 611 Francis v Allen & Unwin (No 2) [2015] FCA 229 Harvey Norman Holdings Limited v Fels [2002] FCA 13; ATPR 41-852 Lo v Australian Community Pharmacy Authority [2013] FCA 639 O'Neill v Mann [2000] FCA 1680 Primary Health Care Ltd v Australian General Practice Network Ltd [2012] FCA 174 Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 Taylor v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2020] FCA 1760 Trade Practices Commission v Manfal Pty Ltd (No 3) (1991) 33 FCR 382 Travaglini v Raccuia [2012] FCA 620 Zhao v Ausin Group (Australia) Pty Ltd (No 2) [2023] FCA 498
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