Federal Court of Australia
JUDGMENT NO. san 66cm 6 CATCHWORDS
PRACTICE AND PROCEDURE .-- costs - review of decision of taxing officer pursuant to Federal Court Rules 062 144(1) - rules providing for payment into court - consent orders for payment out - whether constitute an "awarded judgment" - copyright action - whether proceedings could have been more suitably brought in another jurisdiction - "one-third off" rule : O62 136A - costs of counsel attending
mediation.
Federal Court Rules 062 rr44(1), 36A; O23 rr6, 10, 11
Newall v Tunstall [1970] 3All E.R. 465
Waite v Redpath Dorman Long Ltd [1971] 1 All E.R. 513
Magenta Nominees Pty Ltd v Richard Ellis
(Western Australia) Pty Ltd & Ors (unreported, Carr J., 12 May 1994).
LED BUILDERS PTY LTD (ACN 002 351 957) TRADING AS BEECHWOOD HOMES V GAYLE MARILYN HOPE (NOW GAYLE MARILYN FRANKS)
No NG 287 of 1992
Tamberlin J Sydney 20 September 1994 20 SEP 1994
RECEIVED
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY No. NG 287 of 1992
GENERAL DIVISION
wee ee ee ee
BETWEEN : LED BUILDERS PTY LTD (A.CN. 002 351 957) TRADING AS BEECHWOOD HOMES Applicant
AND : GAYLE MARILYN HOPE (NOW GAYLE MARILYN FRANKS) Respondent
CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 20 SEPTEMBER 1994
MINUTES OF ORDER
THE COURT ORDERS THAT :
1. Decision of the taxing officer on reconsideration affirmed, subject to Order 2. 2. The costs items incurred after the date of the notice of deposit be remitted to the taxing officer for further consideration.
3. The respondent to pay the costs of this application.
NOTE : Settlement and entry of orders is dealt with in order 36 of the Federal Court Rules
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. NG 287 of 1992
Nee ee ae ee ee
GENERAL DIVISION BETWEEN : LED BUILDERS PTY LTD : (A-CN. 002 351 957) TRADING AS BEECHWOOD HOMES Applicant AND: GAYLE MARILYN HOPE (NOW GAYLE MARILYN FRANKS) Respondent CORAM : TAMBERLIN J PLACE : SYDNEY DATED : 20 SEPTEMBER 1994 REASONS FOR JUDGMENT
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