Recent Cases

Mawhinney v Australian Securities and Investments Commission (No 2) [2022] FCAFC 205 (22 December 2022) (Allsop CJ, O’Bryan and Cheeseman JJ)


Catchwords:


COSTS – costs of the appeal – application by interested persons for indemnity costs – application by appellant for indemnity costs and Bullock order – applicable principles in the context of a successful appeal but where the proceeding is to be remitted for retrial

PRACTICE AND PROCEDURE – where no application for a special costs order is made at the time orders pronounced – application to vary costs order after the order is entered – power of the Court to vary a costs order pronounced and entered