Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust [2025] FCAFC 94 | Case summary

Federal Court of Australia (Full Court)|2025-07-25|Before: McEvoy JJ, Derrington J

For the reasons given by Derrington J, I agree with the orders proposed by his Honour concerning the costs of the proceedings before the primary judge.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment of the Honourable Justice Colvin.

I also agree with the orders proposed by Derrington J concerning the costs of the proceedings before the primary judge for the reasons that his Honour has given.

I certify that the preceding one (1) numbered paragraph is a true copy of the Reasons for Judgment of the Honourable Justice McEvoy.

Court of Australia Act 1976

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... no reason why Allianz should not have its costs of the proceedings below. Allianz has had substantive success. The costs of the proceedings before the primary judge should follow Allianz's success on appeal, consistently with the ordinary rule: Gladstone Park Shopping Centre Pty Ltd v Wills [1984] FCA 166; (1984) 6 FCR 496 at 505 (Davies J), 509 (Beaumont J, Northrop J agreeing at 504).

Allianz Australia Insurance Limited v Uniting Church in Australia Property Trust

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