Levitt v Luke (in his capacity as the co-executor of the Estate of Robert Colin Luke, deceased) [2024] FCA 552

Federal Court of Australia

Levitt v Luke (in his capacity as the co-executor of the Estate of Robert Colin Luke, deceased) [2024] FCA 552 File number: VID 59 of 2024

Judgment of: SHARIFF J

Date of judgment: 24 May 2024

Catchwords: PRACTICE AND PROCEDURE – application for leave to appeal from judgment approving settlement of representative proceedings – where primary judge disallowed a portion of legal costs on basis that solicitor failed to act with due expedition in preparation and filing of expert evidence and that matter would have settled earlier – where applicant solicitor not joined as party to proceedings below – application of principles for grant of leave to appeal by non-party – leave granted in light of undertaking by applicant solicitor to bear costs of application for leave to appeal and appeal including costs of contradictors

Legislation: Federal Court of Australia Act 1976 (Cth) ss 33V, 37AF, 37AG(1)(a), 37M, 37N, 54A

Cases cited: August Pool 1 UK Ltd v Williamson [2023] NSWCA 93; (2023) 111 NSWLR 378 EBT17 v Minister for Home Affairs [2019] FCA 200 Fortress Credit Corp (Australia) II Pty Ltd v Fletcher [2011] FCAFC 89; (2011) 281 ALR 38 Fox v Percy [2003] HCA 22; (2003) 214 CLR 118 Minister for Immigration and Border Protection v SZVFW [2018] HCA 30; (2018) 264 CLR 541 MZABP v Minister for Immigration and Border Protection [2015] FCA 1391; (2015) 242 FCR 585 Tu'uta Katoa v Minister for Immigration, Citizenship, Migrant Services and Multicultural Affairs [2022] HCA 28; (2022) 96 ALJR 819 Warren v Coombes (1979) 142 CLR 531