Federal Court of Australia
Federal Court of Australia
Lucky v Ives (No 3) [2024] FCA 1124 File number: NSD 1483 of 2023
Judgment of: JACKMAN J
Date of judgment: 19 September 2024
Catchwords: COSTS – application to vary costs order – where no change of circumstances or new material which could not reasonably have been put before the Court – application dismissed
Cases cited: Deloitte Touche Tohmatsu v Sadie Ville Pty Ltd [2020] FCAFC 23; (2020) 144 ACSR 1 Lucky v Ives (No 2) [2024] FCA 970 Lucky v Ives [2023] FCA 1571
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Corporations and Corporate Insolvency
Number of paragraphs: 15
Date of hearing: 19 September 2024
Counsel for the Plaintiff: Mr T O'Brien and Mr H Rogers
Solicitor for the Plaintiff: Polczynski Robinson
Counsel for the First Defendant: Mr Andrew W Smith
Solicitor for the First Defendant: Resolve Litigation Lawyers
ORDERS NSD 1483 of 2023
BETWEEN: UTAARIKI MAVE LUCKY Plaintiff
AND: BEN IVES First Defendant
CHIEF TRADE CREDIT INSURANCE PTY LTD ACN 114 867 033 Second Defendant
order made by: JACKMAN J DATE OF ORDER: 19 September 2024
THE COURT ORDERS THAT:
1. Paragraph 6 of Mr Ives' interlocutory application dated 15 August 2024 be dismissed. 2. Mr Ives pay the costs of and incidental to the claim made in paragraph 6 of that application. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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