Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Loyola v Cryeng Pty Ltd (No 2) [2012] FCAFC 98 Citation: Loyola v Cryeng Pty Ltd (No 2) [2012] FCAFC 98
Appeal from: Cryeng Pty Ltd v Loyola [2011] FCA 956
Parties: GEORGE HUMBERTO LOYOLA and PIONEER CRYOGENICS PTY LIMITED v CRYENG PTY LTD ACN 071 997 763
File number: NSD 1544 of 2011
Judges: JACOBSON, BESANKO AND PERRAM JJ
Date of judgment: 10 July 2012
Catchwords: PRACTICE AND PROCEDURE – application by appellants for court to recall its orders on basis that submission on appeal not dealt with in reasons for judgment Held: the application is refused COSTS – determination of costs at first instance and on appeal – whether an order under rule 1.04(3) Federal Court Rules 2011 to apply earlier rules appropriate – where effect of orders on appeal that applicant (respondent on appeal) awarded sum of $50,000 at first instance – operation of Order 62 Rule 36A(1) of earlier rules and whether appropriate to order otherwise – costs on appeal where appellants successful for the most part but failed on some issues Held: the appellants are to pay the respondent's costs at first instance, and the respondent is to pay 85 percent of the appellants' costs of the appeal
Legislation: Federal Court Rules 2011 rr 1.04, 40.08 Federal Court Rules 1979 O 62 r 36A
Cases cited: Cryeng Pty Ltd v Loyola [2011] FCA 956 cited Loyola v Cryeng Pty Ltd [2012] FCAFC 71 cited
Date of Written Submissions: Appellants – 25 May 2012 Respondent – 1 June 2012
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