Federal Court of Australia
Seni ee (LIMITED DISTRIBUTION ONLY) IN THE FEDERAL COURT OF AUSTRALIA
) ) VICTORIA DISTRICT REGISTRY ) VG No. 240 of :1985 ) . GENERAL DIVISION )
)
BETWEEN :
G.M. (NORTH MELBOURNE) HOLDINGS PTY LTD
Applicant and
YOUNG KELLY PTY LTD, NOEL WILLIAM YOUNG and ALLAN KELLY
Respondents
COURT: Woodward J.
DATE: 24 December 1986 PLACE: Melbourne
REASONS FOR JUDGMENT
This is an application pursuant to Ord 46 r.7(2) of the Federal Court Rules, which provides, "A person may apply to the Court ex parte for a direction to the Registrar that he do any act
which he is bound or entitled to do and has refused to do".
After hearing the solicitor making the application, having read the Registrar's Report and other ae ons
before me, I made the order sought and ey as
doing so. These are they.
oo
The Registrar's Report was in the following terms:
"lL. In this matter I have refused to sign, seai and enter an order pursuant to Order 62 Rule 46(3) of the Federal Court Rules (The Rules).
2. The recitals to the proposed Order set out briefly the facts in the matter - copy of proposed order annexed.
3. The applicant has applied under Order 46, Rule 7(2) of the Rules for a direction to the Registrar that he sign, seal and enter the order.
4. I refused to act under Order 62, Rule 45(3) on the basis that under the rule it is a condition precedent to my acting that the taxation be completed and a sealed Certificate of Taxation has been issued.
5. In this matter only an interim Certificate of Taxation has been made - copy of this certificate is annexed.
6. Items in the Bill of Costs that remain in contention are the subject of a reconsideration by me as the taxing officer pursuant to Order 62 Rules 42, 43 and 44. The reconsideration has been set down for 22 December 1986.
7. Affidavits for the purpose of establishing service of the interim Certificate of Taxation on the first and second named respondents (The Respondents) and that costs remain unpaid have been filed. I am satisfied that the interim Certificate of Taxation has been served on the respondents and that the costs were unpaid after 14 days from the date of service of the interim Certificate of Taxation." The proposed order annexed was in these terms:
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