Recent Cases

Harvard Nominees Pty Ltd v Dimension Agriculture Pty Ltd (in liq) [2023] FCAFC 140 (22 August 2023) (Colvin, Stewart and Feutrill JJ)


Catchwords:


PRACTICE AND PROCEDURE – application for leave to appeal against costs order – consideration of whether leave to appeal is required for costs appeals – held leave required for costs appeals – leave to appeal refused

PRACTICE AND PROCEDURE – where applicant claims primary Judge erred in misapplying principles and misunderstanding evidence in relation to Sanderson orders – where applicant claims primary Judge should have made a Sanderson order – consideration of Sanderson order principles – where matters advanced were considered by Primary Judge – where no arguable error in Primary Judge’s conclusions – where ground not sufficiently arguable – leave refused

PRACTICE AND PROCEDURE – where applicant claims primary Judge erred in application of indemnity principle – consideration of indemnity principle and Court’s procedures – where any issues as to indemnity can be pursued at stage of assessment – leave refused