Federal Court of Australia
FEDERAL COURT OF AUSTRALIA Cooper (Receiver), in the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 3) [2024] FCA 1142 File number(s):
Judgment of: O'SULLIVAN J
Date of judgment: 27 September 2024
Catchwords: COSTS — application by first interested party for indemnity costs to be assessed as a lump sum and paid forthwith — where second interested party represented missing funds as being "available" when they had been disbursed — whether the Court should dispense with r 40.13 of the Federal Court Rules 2011 (Cth) — whether the second interested party engaged in behaviour which caused the first interested party to incur additional expenditure which would not have occurred had the second interested party acted reasonably — whether the justice of the case requires the Court to exercise its discretion and award costs other than on a party and party basis — order for indemnity costs to be assessed if not agreed and paid within 28 days of assessment/agreement
Legislation: Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), r 40.13
Allstate Life Insurance Co v Australia and New Zealand Banking Group Ltd (No 13) [1995] FCA 1459 Australian Competition and Consumer Commission v Colgate-Palmolive Pty Ltd (No 5) [2021] FCA 246 Australian Flight Test Services v Minister for Industry, Science and Technology [1996] FCA 1425 Bailey v Beagle Management Pty Ltd [2011] FCA 60; (2001) 105 FCR 136 Colgate-Palmolive Company v Cussons Pty Ltd [1993] FCA 536; (1993) 46 FCR 225 at 233 Cases cited: Cooper (Receiver), the matter of Green Grain Processing Technologies Pty Ltd (Receivers Appointed) (No 2) [2024] FCA 683 Hamod v New South Wales (2002) 188 ALR 659 Life Airbag Company of Australia Pty Ltd v Life Airbag Company (New Zealand) Ltd [1998] FCA 545 Thunderdome Racetiming and Scoring Pty Ltd v Dorian Industries Pty Ltd [1992] FCA 291; (1992) 36 FCR 297 Watson v Kriticos (Costs of Summary Judgment Application) [2021] FCA 917 Watson v Kriticos (Costs Payable Forthwith) [2022] FCA 4
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