Federal Court of Australia
Federal Court of Australia
Benjamin Hornigold Ltd v John Bridgeman Limited (No 3) (Strikeout, Representation, and Costs) [2025] FCA 94 File number(s): NSD 967 of 2023
Judgment of: NEEDHAM J
Date of judgment: 10 February 2025
Date of publication of reasons: 19 February 2025
Catchwords: PRACTICE AND PROCEDURE – application for strike out of part of a defence under r 16.21 of the Federal Court Rules – nature of pleadings under r 16.02 and Yap v Chong [2024] FCA 1326 – consideration of whether pleading is "embarrassing" in the sense used in Shelton v National Roads and Motorists Association Limited [2004] FCA 1393. PRACTICE AND PROCEDURE – application by a director to represent a company otherwise than by a solicitor – exercise of the Court's discretion to waive compliance with r 4.01(2) of the Federal Court Rules – where the director has taken the running of the proceedings by correspondence and has done so in a way which has caused delay and prejudice – where company is now deregistered. COSTS – costs sought against a company and its director on separate bases – costs sought on an indemnity basis – costs sought to be payable forthwith – where the director has increased the amount of costs that would have been incurred had the first defendant acted with competence and diligence.
Legislation: Corporations Act 2001 (Cth) ss 201A(2), 601AD(1), 601AH(2)(a)(i) Federal Court of Australia Act 1976 (Cth) s 37M Evidence Act 1995 (Cth) s 136 Federal Court Rules 2011 (Cth) rr 1.34, 16.02, 16.21
Cases cited: ACN 656 077 020 Pty Ltd v Li [2024] FCA 770 Benjamin Hornigold Ltd v John Bridgeman Limited (No 2) [2024] FCA 1041 Dare v Pulham (1982) 148 CLR 658 Gardiner v FX Music Limited (2000) WL 33116500 (27 March 2000, unreported) Lowe v Mack Trucks Australia Pty Limited (No 2) [2008] FCA 711 Shelton v National Roads and Motorists Association Limited [2004] FCA 1393 Termi-Mesh Australia Pty Ltd v Josu Manufacturing Pty Ltd [1999] FCA 1241 Watson v Criticos (Costs Payable Forthwith) [2022] FCA 4 Yap v Chong [2024] FCA 1326 Zanussi v Anglos-Venezuelan Real Estate and Agricultural Development Limited Real Estate and Agricultural Development Limited [1996] EWCA Civ J0307-5)
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