Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Energy World Corporation Ltd v Maurice Hayes & Associates Pty Ltd [2007] FCAFC 104 Energy World Corporation Ltd v Maurice Hayes & Associates Pty Ltd [2007] FCAFC 34 related ENERGY WORLD CORPORATION LTD ACN 009 124 994 v MAURICE HAYES & ASSOCIATES PTY LTD ACN 063 758 181; MAURICE HAYES & ASSOCIATES PTY LTD ACN 063 758 181 v ENERGY WORLD CORPORATION LTD ACN 009 124 994 WAD 216 OF 2006
MOORE, TAMBERLIN AND GYLES JJ
13 JULY 2007
SYDNEY (VIA VIDEO LINK TO PERTH) (HEARD IN PERTH) IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY WAD 216 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: ENERGY WORLD CORPORATION LTD
ACN 009 124 994
Appellant
AND: MAURICE HAYES & ASSOCIATES PTY LTD
ACN 063 758 181
Respondent
AND BETWEEN: MAURICE HAYES & ASSOCIATES PTY LTD
AND: ACN 063 758 181
Cross-Appellant
ENERGY WORLD CORPORATION LTD
ACN 009 124 994
Cross-Respondent
JUDGES: MOORE, TAMBERLIN AND GYLES JJ DATE OF ORDER: 13 JULY 2007
WHERE MADE: SYDNEY(VIA VIDEO LINK TO PERTH) (HEARD IN PERTH)
THE COURT ORDERS THAT:
1. The appeal be allowed in part. 2. The cross-appeal be dismissed. 3. The orders made by Justice Siopis on 11 July 2006 be varied to read as follows: (1) Judgment be entered for the applicant Maurice Hayes & Associates Pty Ltd in the amount of $162,562.78. (2) Within seven days of the applicant Maurice Hayes & Associates Pty Ltd being requested to do so by the respondent Energy World Corporation Ltd the applicant shall give the respondent a tax invoice, as defined in the A New Tax System (Goods & Services) Act 1999, in relation to the amount referred to at item (1). (3) The respondent Energy World Corporation Ltd pay the applicant Maurice Hayes & Associates Pty Ltd interest assessed in the amount of $37,206.17. (4) The respondent Energy World Corporation Ltd pay the applicant Maurice Hayes & Associates Pty Ltd 75 per cent of its costs of the application, including any reserved costs. (5) The cross-claimant Energy World Corporation Ltd pay the costs of the first cross-respondent Maurice Hayes & Associates Pty Ltd, including any reserved costs, of the cross-claim. 4. The respondent/cross-appellant Maurice Hayes & Associates Pty Ltd pay the appellant/cross-respondent Energy World Corporation Ltd one half of its combined costs of the appeal and cross-appeal.
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