Federal Court of Australia
Federal Court of Australia
Fine China Capital Investment Limited v Qi (No 5) [2024] FCA 415 File number(s): VID 560 of 2023
Judgment of: O'CALLAGHAN J
Date of judgment: 23 April 2024
Catchwords: COSTS – appropriate order as to costs of interlocutory applications – where both parties were largely unsuccessful – where ordered that each party is to bear their own costs of the applications
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: DSE (Holdings) Pty Ltd v InterTAN Inc (2004) 51 ACSR 555; [2004] FCA 1251 Fine China Capital Investment Limited v Qi (No 4) [2024] FCA 343 LFDB v SM (No 2) [2017] FCAFC 207
Division: General Division
Registry: Victoria
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 10
Date of last submission/s: 22 April 2024
Date of hearing: Determined on the papers
Counsel for the Applicant: L De Ferrari SC
Solicitor for the Applicant: AJH Lawyers
Counsel for the Respondent: N H Ferrett KC
Solicitor for the Respondent: Carswell & Company
ORDERS VID 560 of 2023
BETWEEN: FINE CHINA CAPITAL INVESTMENT LIMITED (COMPANY NO. 2039738) Applicant
AND: TAO QI Respondent
order made by: O'CALLAGHAN J DATE OF ORDER: 23 April 2024
THE COURT ORDERS THAT:
1. Each party is to bear their own costs of: (a) the respondent's interlocutory application dated 1 December 2023; and (b) the applicant's interlocutory application dated 13 February 2024. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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