Federal Court of Australia
LFDB v SM (No 8) [2026] FCA 846
File number(s): | NSD 1665 of 2015 |
Judgment of: | JACKMAN J |
Date of judgment: | 30 June 2026 |
Catchwords: | COSTS – quantum of lump sum costs – where revised sum claimed is justified and proportionate to the nature of the interlocutory application – whether lump sum should not be payable until the proceedings are finally determined – where proceedings as against proposed third respondent are finalised – lump sum ordered to be paid immediately |
Legislation: | Federal Court Rules 2011 (Cth) |
Cases cited: | LFDB v SM (No 7) [2026] FCA 718 |
Division: | General Division |
Registry: | New South Wales |
National Practice Area: | Administrative and Constitutional Law and Human Rights |
Number of paragraphs: | 4 |
Date of last submission/s: | 29 June 2026 |
Counsel for the First Applicant: | The first applicant appeared in person |
Counsel for the Second to Fifth Applicants: | The second to fifth applicants did not appear |
Counsel for the First and Second Respondents: | The first and second respondents did not appear |
Solicitor for the Proposed Third Respondent: | Mr D Sturzaker of Marque Lawyers |
ORDERS
NSD 1665 of 2015 | ||
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BETWEEN: | LFDB First Applicant DU BRAY AND ASSOCIATES PTY LTD ACN 095 326 935 Second Applicant DU BRAY AND ASSOCIATES PTY LTD (AU) AS TRUSTEE FOR DU BRAY PROPERTY TRUST (and others named in the Schedule) Third Applicant | |
AND: | DEPUTY DISTRICT REGISTRAR, FEDERAL COURT OF AUSTRALIA First Respondent SM Second Respondent | |
order made by: | JACKMAN J |
DATE OF ORDER: | 30 June 2026 |
THE COURT ORDERS THAT:
1. Further to Order 2 made on 4 June 2026, LFDB pay Marque Lawyers Pty Ltd’s costs in the amount of $34,281.50 immediately.
Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
REASONS FOR JUDGMENT
JACKMAN J:
1 On 4 June 2026, I dismissed the applicant’s (LFDB) interlocutory application seeking to join Marque Lawyers Pty Ltd (Marque) as a party, and I ordered that Marque’s costs be paid by LFDB by way of lump sum: LFDB v SM (No 7) [2026] FCA 718. I set a timetable for the filing and service of affidavits, and anticipated deciding the amount of the lump sum on the papers.
2 Marque filed an affidavit of Mr Damian Sturzaker of 12 June 2026, in which a lump sum of $41,340.80 was claimed, representing a discount of 10% in counsel’s fees and 30% in solicitors’ costs.
3 LFDB filed an affidavit of 18 June 2016, taking issue with seven aspects of Mr Sturzaker’s affidavit. Except in one respect I regard those criticisms as having been satisfactorily rebutted by Mr Sturzaker’s affidavit in reply of 26 June 2026. The exception concerns the inclusion of GST on counsel’s fees in the original figure, which Mr Sturzaker accepts should not have been claimed. In addition, it appears that two of the barrister’s invoices had been sent in error the day after the birth of the barrister’s first child, and they were later substituted with correct invoices. Marque’s revised claim is for costs in the lump sum of $34,281.50. I regard that figure as amply justified and proportionate to the nature of the interlocutory application.
4 LFDB seeks an order that the lump sum not be payable until the proceedings are finally determined, relying on r 40.13 of the Federal Court Rules 2011 (Cth) to the effect that interlocutory costs orders are not to be taxed until the proceeding is finished, unless the Court orders that the costs be taxed immediately. However, the proceedings as against Marque have now been finalised, and I do not see any point in deferring the payment of the lump sum until the final hearing on 10 August 2026 (or shortly thereafter if judgment is reserved). Accordingly, in my view, the lump sum costs should be payable forthwith.
I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment of the Honourable Justice Jackman. |
Associate:
Dated: 30 June 2026
SCHEDULE OF PARTIES
NSD 1665 of 2015 | |
Applicants | |
Fourth Applicant: | SOFIA ENGOR INC |
Fifth Applicant: | BAD WOLF PURCHASING PTY LTD ACN 140 505 755 |
