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Published last 24 hours
A listing of judgments published in the last 24 hours, with the most recently received listed at the top.
| NPA | Date | |
|---|---|---|
| Commercial and Corporations | McNickle v Huntsman Chemical Company Australia Pty Ltd (Costs) [2024] FCA 883 LEE J REPRESENTATIVE PROCEEDINGS - costs - where applicant unsuccessful in initial trial concerning the alleged carcinogenic effects of Roundup produced by the Monsanto Company - relevance of ordinary principles as to costs in inter partes litigation to representative proceedings - Pt IVA of the Federal Court of Australia Act 1976 (Cth) - inherent public dimension of class actions - mechanisms by which representative applicants are protected from adverse costs orders - observations as to conduct of the parties and facilitating the overarching purpose - relevance of public interest dimension of the proceeding - mixed private and public purpose to the litigation - where the respondents entitled to a form of costs order - orders made |
8 August 2024 |
| Commercial and Corporations | Sanderson, in the matter of Lentelle Pty Ltd (in liq) [2024] FCA 886 JACKMAN J BANKRUPTCY AND INSOLVENCY - appointment as receivers of trust assets |
1 August 2024 |
| Commercial and Corporations | Connelly (liquidator) v Papadopoulos, in the matter of TSK QLD Pty Ltd (in liq) [2024] FCA 888 DOWNES J CORPORATIONS - asset-stripping scheme devised and implemented by restructuring specialist adviser prior to company entering administration and then liquidation - liability not challenged - director failed to appear at trial - director lodged debtor's petition after trial commenced - default judgment entered against director and associated company - adviser appeared at trial and challenged aspects of quantum - adviser sought novel order whereby payments of judgment sum only required in event of default by other parties with whom liquidators had reached settlement - orders sought by plaintiffs made |
8 August 2024 |
| Commercial and Corporations | O'Shannassy v Sarina (Appeal) [2024] FCA 880 STEWART J BANKRUPTCY AND INSOLVENCY - where by an order for judgment liability has been determined but damages not yet assessed on a defamation claim at the time the defendant became bankrupt - whether the unassessed claim constitutes a provable debt in their bankruptcy - whether such a judgment resulted in a merger of the cause of action in the judgment - whether it otherwise remains a demand in the nature of unliquidated damages - whether such a judgment is relevantly analogous to an unquantified costs order - leave to appeal granted - appeal dismissed |
8 August 2024 |
| Commercial and Corporations | Australian Competition and Consumer Commission v Secure Parking Pty Ltd [2024] FCA 884 PERRAM J CONSUMER LAW - application for declarations of contravention, civil penalty and other orders by consent - where respondent admitted contraventions of ss 18, 29(1)(g) and 34 of the Australian Consumer Law - whether proposed declarations and penalty appropriate |
8 August 2024 |
| Administrative and Constitutional Law and Human Rights | AAV21 v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 863 ROFE J MIGRATION - appeal from decision of Federal Circuit and Family Court of Australia (Division 2) (Federal Circuit Court) - where delegate of first respondent refused to grant the appellant a protection visa under s 65 of Migration Act 1958 (Cth) - where primary judge affirmed delegate's decision - where Federal Circuit Court dismissed application for judicial review of Authority's decision - whether the Administrative Appeals Tribunal made a finding that was illogical, irrational or not based on evidence - whether the Tribunal incorrectly applied s 423A of the Act - grounds of appeal concerning the credibility of supporting evidence - no jurisdictional error identified - appeal dismissed with costs |
8 August 2024 |
| Administrative and Constitutional Law and Human Rights | QJKY v Minister for Immigration, Citizenship and Multicultural Affairs [2024] FCA 879 KENNETT J PRACTICE AND PROCEDURE - costs - where applicant sought habeas corpus and mandamus to compel consideration of visa application - where first respondent considered application before hearing was held and applicant was released from detention - where offers of compromise made on issue of costs only - whether applicant should have costs for achieving "practical outcome" sought in litigation - whether costs awarded should be indemnity costs PRACTICE AND PROCEDURE - set-off - where applicant has outstanding costs liability to one respondent - whether respondents should be permitted to set-off their liability in present proceeding against liability owed to one of them in earlier proceeding |
7 August 2024 |
