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Harvard Nominees Pty Ltd v Dimension Agriculture Pty Ltd (in liq) [2023] FCAFC 140

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PRACTICE AND PROCEDURE - application for leave to appeal against costs order - consideration of whether leave to appeal is required for costs appeals - held leave required for costs appeals - leave to appeal refused PRACTICE AND PROCEDURE - where applicant claims primary Judge erred in misapplying principles and misunderstanding evidence in relation to Sanderson orders - where applicant claims primary Judge should have made a Sanderson order - consideration of Sanderson order principles - where matters advanced were considered by Primary Judge - where no arguable error in Primary Judge's conclusions - where ground not sufficiently arguable - leave refused PRACTICE AND PROCEDURE - where applicant claims primary Judge erred in application of indemnity principle - consideration of indemnity principle and Court's procedures - where any issues as to indemnity can be pursued at stage of assessment - leave refused

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