Federal Court of Australia
Federal Court of Australia Natch v Stennson Pty Ltd (No 2) [2024] FCA 1498 File number(s): VID 720 of 2021
Judgment of: O'BRYAN J
Date of judgment: 20 December 2024
Catchwords: COSTS – order for costs made against applicants – taxation of costs before a Registrar as taxing officer – where applicants sought discovery for the purposes of the taxation pursuant to r 20.15 of the Federal Court Rules 2011 (Cth) (FC Rules) – where Registrar dismissed discovery application – review of Registrar's decision pursuant to s 35A(5) of the Federal Court of Australia Act 1976 (Cth) and r 3.11 of the FC Rules – where review of Registrar's decision is by way of hearing de novo – where sufficient basis for discovery not established by the applicants – application for review of Registrar's decision dismissed with costs PRACTICE AND PROCEDURE – whether Registrar has power to order discovery pursuant to r 20.15 of the FC Rules for the purposes of taxation
Federal Court of Australia Act 1976 (Cth) ss 35A(1)(h), 35A(5) Legislation: Federal Court Rules 2011 (Cth) rr 3.11, 20.15, 40.17, 40.18, 40.20, 40.21, 40.25, 40.26, 40.28, 40.34, 40.35, Sched 2 item 159 Supreme Court (General Civil Procedure) Rules 2015 (Vic) rr 29.07, 63.35
Adams v London Improved Motor Coach Builders Ltd [1921] 1 KB 495 Ausvest Holdings Pty Ltd v Russell Kennedy (a firm) [2004] VSC 365 Bechara v Bates (2021) 286 FCR 166 Cachia v Hanes (1994) 179 CLR 403 Cassimatis v Australian Securities and Investments Commission [2016] FCA 131 Director of the Fair Work Building Industry Inspectorate v Abbott (No 5) [2013] FCA 522 Frigger v Banning (No 13) [2023] FCA 923 Garrard (t/as Arthur Anderson & Co) v Email Furniture Pty Ltd (1993) 32 NSWLR 662 Cases cited: General of Berne Insurance Co v Jardine Reinsurance Management Ltd [1998] 2 All ER 301 Giannarelli v Wraith (No 2) (1991) 171 CLR 592 Harold v Smith (1860) 157 ER 1229 Harris v Caladine (1991) 172 CLR 84 Kuek v Devflan Pty Ltd [2011] VSCA 25 Mainieri v Cirillo (2014) 47 VR 127 Mango Boulevard Pty Ltd v Whitton [2018] FCA 399 Natch v Stennson Pty Ltd [2022] FCA 641 Shaw v Yarranova [2011] VSCA 55 Tarry v Pryce (No 2) (1987) 37 NTLR 209
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