Federal Court of Australia
Federal Court of Australia
Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 6) [2024] FCA 1097 File number(s): VID 1085 of 2017 NSD 1158 of 2018
Judgment of: YATES J
Date of judgment: 20 September 2024
Catchwords: COSTS – whether the respondent should pay the applicants' costs of proving the truth of certain asserted facts in a disputed notice to admit – where parties otherwise in agreement that applicants should be jointly and severally liable to pay respondent's costs on a lump sum basis COSTS – whether costs should be assessed by a Registrar exercising delegated power under s 35A(1)(h) of the Federal Court Act 1976 (Cth) (the Act) or whether the question of the assessment of costs should be referred to a Registrar acting as a referee for inquiry and report under s 54A of the Act COSTS – whether the assessment of costs should be stayed pending outcome of appeals
Legislation: Federal Court of Australia Act 1976 (Cth) ss 35A and 54A Federal Court Rules 2011 (Cth) rr 22.03 and 40.02
Cases cited: Callegher v Australian Securities and Investments Commission [2007] FCA 482; 239 ALR 749 Fair Work Ombudsman v Foot & Thai Massage Pty Ltd (in liquidation) (No 6) [2023] FCA 1116 Invast Financial Services Pty Ltd v Pseven International DWC LLC [2022] FCA 861 Hakea Holdings Pty Ltd v McGrath (No 3) [2023] FCA 39 Cantarella Bros Pty Ltd v Lavazza Australia Pty Ltd (No 4) [2024] FCA 419 Deputy Commissioner of Taxation v Defined Properties Investment Pty Ltd (in liq) [2024] FCA 562 Minister for Home Affairs v AFX17 [2020] FCA 903 Viagogo AG v Australian Competition and Consumer Commission [2021] FCA 175 Ritson v Commissioner of Police, New South Wales Police Force [2021] FCA 5 R&B Investments Pty Ltd (Trustee) v Blue Sky Alternative Investments Limited (in liq) (Adoption of Referee's Report) [2024] FCA 1083 Seven Sydney Pty Ltd v Fuji Xerox Australia Pty Ltd [2004] NSWSC 902 Chocolate Factory Apartments Pty Ltd v Westpoint Finance Pty Ltd [2005] NSWSC 784 Sheehan v Lloyds Names Munich Re Syndicate [2017] FCA 1340 Gulf Conveyor Systems Pty Ltd v Gulf Integrated Systems Solutions Pty Ltd [2020] FCA 1245 Mununggurr v Chanel Seven Sydney Pty Ltd (No 2) [2022] FCA 999 Zonia Holdings Pty Ltd v Commonwealth Bank of Australia Limited (No 5) [2024] FCA 477
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