Federal Court of Australia
Federal Court of Australia
Registrar of Personal Property Securities v Brookfield (No 2) [2024] FCA 175 File number(s): QUD 202 of 2023
Judgment of: SARAH C DERRINGTON J
Date of judgment: 4 March 2024
Catchwords: COSTS – where successful applicant seeks party-party costs – where open to the Court to award costs on an indemnity basis – whether respondent's conduct of proceeding warrants award of indemnity costs
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M(1), 37N(1), 37N(4), 43 Personal Property Securities Act 2009 (Cth) s 151(2) Federal Court Rules 2011 (Cth) rr 40.01, 40.02
Cases cited: Basetec Services Pty Ltd v Leighton Contractors Pty Ltd (No 8) [2017] FCA 258 Brookfield v Real Estate Now Pty Ltd (2019) FCA 993 El-Debel v Micheletto (in his capacity as joint and several trustee in bankruptcy of the estate of El-Debel) (No 2) [2021] FCAFC 146 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56; (2007) 243 CLR 52 Gain Capital UK Ltd v Citigroup Inc (No 2) [2016] FCA 243 King v Yurisich (No 2) [2007] FCAFC 51 Ogawa v University of Melbourne (No 2) [2004] FCA 1275 Real Estate Now Pty Ltd v Brookfield [2018] FCCA 3072 Registrar of Personal Property Securities v Brookfield [2024] FCA 29 Telstra Corporation Ltd v Phone Directories Company Pty Ltd (No 3) [2014] FCA 949
Division: General Division
Registry: Queensland
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