Federal Court of Australia
Federal Court of Australia
Finnegan v Washington (No 5) [2025] FCA 25 File number: WAD 429 of 2019
Judgment of: JACKSON J
Date of judgment: 30 January 2025
Catchwords: COSTS - referee appointed pursuant to s 54A(1) of the Federal Court of Australia Act 1976 (Cth) to prepare a report in respect of questions arising in interlocutory disputes - disputes included the appropriate costs orders in respect of applications concerning discovery, interrogatories and subpoenas - applicant seeks different costs order - applicant alleges non-compliance with discovery obligations by respondents - applicant alleges respondents knowingly misled the Court - allegations not established - referee report adopted in respect of its conclusions as to costs
Legislation: Federal Court of Australia Act 1976 (Cth) s 37M Federal Court Rules 2011 (Cth) rr 20.14, 28.67, Schedule 1 Rules of the Supreme Court 1971 (WA) O 1 r 4B
Cases cited: Bell Lawyers Pty Ltd v Pentelow [2019] HCA 29; (2019) 269 CLR 333 Brookfield v Yevad Products Pty Ltd [2002] FCA 1376 Cachia v Hanes (1994) 179 CLR 403 Clifton (Liquidator) v Kerry J Investment Pty Ltd trading as Clenergy [2020] FCAFC 5 Davis v Quintis Ltd (Subject to Deed of Company Arrangement) [2022] FCA 553 Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 6) [2020] FCA 64 Finnegan v Washington (No 2) [2020] FCA 1587 Finnegan v Washington (No 4) [2024] FCA 1054 Kidd v State of Western Australia [2015] WASCA 62 (S) Lonrho Ltd v Shell Petroleum Co Ltd [1980] 1 WLR 627 Sunland Waterfront (BVI) Ltd v Prudentia Investments Pty Ltd (No 8) [2011] FCA 221
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