FEDERAL CIRCUIT COURT OF AUSTRALIA
ABDI v EQUITABLE FINANCIAL SOLUTIONS PTY LTD [ACN 151 172 039] & ANOR
[2020] FCCA 2521
Catchwords:
CONSUMER LAW – Costs – Where first respondent intends to conduct business of raising funds in relation to a Shariah-compliant investments program – where first respondent accepts appointment by applicant as its Wakeel agent to invest its funds and to repay principle and profit in consideration for agency fee – where first respondent accepts investment by applicant – where investments are not fully repaid – where condition of first respondent’s investment license was that it would participate in dispute resolution scheme conducted by Credit and Investments Ombudsman – where Ombudsman makes determination that first respondent repay investment – where first respondent does not repay monies – where proceedings ensued – proceeding allocated to Consumer Protection List – where first respondent placed in administration – where second respondent overseas and does not provide instructions when matter listed for directions – costs ordered – where proceeding set down for hearing – jurisdiction put in issue – applicant discontinues proceeding – second respondent seeks costs on indemnity or party/party basis – applicable principles – discretionary considerations – relevance of conduct – no order as to costs – Registrar directed to supply copy of reasons for judgment to Australian Securities & Investments Commission.
Legislation:
Corporations Act 2001 (Cth), s 131A
Federal Circuit Court of Australia Act 1999 (Cth), ss 3, 21, 42, 43, 79
Federal Circuit Court Rules 2001 (Cth), rr 13.01, 21.02
Cases cited:
Ahmed v Minister for Immigration and Multicultural Affairs [2000] FCA 1436
Alrjoob v Minister for Home Affairs[2018] FCA 1144
AOJ15 v Minister for Immigration and Border Protection [2017] FCA 675
BEL17 v Minister for Immigration and Border Protection [2020] FCA 1045
Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876
Hobson v BWL Pty Ltd (No 3) [2012] FMCA 439
Ingui v Ostara [2003] FMCA 132
JT Stratford & Son Pty Ltd v Lindley (No 2) (1969) 1 WLR 1547
Kaur v Minister For Immigration, Citizenship, Migrant Services and Multicultural Affairs (Costs), [2020] FCA 1247
MZZKH v Minister for Immigration and Border Protection [2013] FCCA 2287
O’Neill v Mann [2000] FCA 1680
Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622
Yates Property Corporation Pty Ltd v Boland [2000] FCA 1106
Zaghoul v Jewellery & Gift Buying Service Pty Ltd [2020] FCA 1045
Applicant:
DULMAR ABDI
First Respondent:
EQUITABLE FINANCIAL SOLUTIONS PTY LTD "EFSOL"
Second Respondent:
USMAN SIDDIQUI
File Number:
MLG 2905 of 2019
Judgment of:
Judge A Kelly
Hearing date:
16 March 2020
Date of Last Submission:
24 March 2020
Delivered at:
Melbourne
Delivered on:
14 September 2020
REPRESENTATION
Counsel for the Applicant:
Mr F.C. Brimfield
Solicitors for the Applicant:
Mykyta Lawyers
Counsel for the Respondents:
Ms M. Harris
Solicitors for the Respondents:
Cordoba Legal
ORDERS
(1) The application to set aside the order for costs made on 12 November 2019 against the second…
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- Case
- [2020] FCCA 2521
- Decision Date
CaseChat Overview and Summary
The court was required to determine whether to set aside a prior costs order made against the second respondent and to consider the second respondent's applications for indemnity or party/party costs following the applicant's discontinuance of the proceeding. The court also had to consider the broader discretionary factors relevant to awarding costs, including the conduct of the parties.
Judge A Kelly dismissed the application to set aside the order for costs made against the second respondent on 12 November 2019. Furthermore, the court dismissed the second respondent's applications for indemnity or party/party costs. The reasoning behind these decisions was not detailed in the provided text, but the court exercised its discretion in relation to costs. As a consequence of the judgment, the Registrar of the Court was directed to provide a copy of the reasons for judgment to the Australian Securities and Investments Commission.
Orders
Orders of the court
ORDERS
(1) The application to set aside the order for costs made on 12 November 2019 against the second respondent, Usman Siddiqui, be dismissed.
(2) The second respondent’s applications for the costs of this proceeding on an indemnity, alternatively a party/party, basis be dismissed.
(3) Direct that the Registrar of the Court furnish a copy of these reasons for judgment to the Australian Securities & Investment Commission.
Background
Background to the litigation
Full text does not contain this section.
Evidence
Evidence Before The Court
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Decision
Reasons for decision
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Ratio Decidendi
Legal Principle Established
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