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Westpac Banking Corporation v Wittenberg (No 3) [2016] FCAFC 51

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PRACTICE AND PROCEDURE - interlocutory application for indemnity costs - appellant did not seek at hearing of appeal or at any time before judgment delivery to be heard separately on costs - whether appellant's application within scope of the appeal - whether indemnity costs should be awarded in the primary proceedings after appeal judgment delivered and orders entered - whether appellant should be granted a stay of orders and set off of costs after judgment delivered and orders entered

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