A V Jennings Ltd v First Provincial Building Society Ltd [1996] FCA 551

Federal Court of Australia

Document text

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 42 of 1996 GENERAL DIVISION ) BETWEEN : A.V. JENNINGS LIMITED Applicant AND : FIRST PROVINCIAL BUILDING SOCIETY LIMITED Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 7 JUNE 1996 MINUTES OF ORDER THE COURT ORDERS THAT: 1. Leave pursuant to O 62 of the Federal Court Rules forthwith to tax the costs which Lehane J ordered on 10 April 1996, is declined. 2. The respondent file and serve the applicant with any request for particulars by 13 June 1996. 3. The applicant file and serve the respondent with its answers to the respondent's request for particulars by 27 June 1996. 4. The respondent file and serve the applicant with its defence by 25 July 1996, or if no request for particulars is served by the respondent pursuant to Order 2, its defence shall be filed and served by 11 July 1996. 5. The applicant is to have the costs of today, to be taxed if not agreed. 6. This matter be listed for further directions on 16 August 1996 at 9.30 am. THE COURT GRANTS liberty to apply on three days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 42 of 1996 GENERAL DIVISION ) BETWEEN : A.V. JENNINGS LIMITED Applicant AND : FIRST PROVINCIAL BUILDING SOCIETY LIMITED Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 7 JUNE 1996 REASONS FOR JUDGMENT This is a motion seeking leave pursuant to O 62 of the Federal Court Rules forthwith to tax costs which Lehane J made on 10 April 1996. The provisions of O 62 are such that, without leave from a court, the taxation of those costs will be postponed until the determination of the principal proceedings. The manifest intention of O 62 is to prevent interlocutory costs orders being used oppressively by the party in whose favour interlocutory costs have been ordered, and to prevent applications being brought simply for the purpose of obtaining interlocutory costs orders so that the threat of taxation of those costs can be used as a means of affecting the litigation, including the enforcing of unfair settlements.

Read full text →

Official source

We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.

Not checked yet

Last checked with source on —

Open official source

Checking whether the official page can be embedded…

Study brief

Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.

Unknown

No study brief is cached for this law yet. Sign up to generate a plain-English brief.

You've got 21 of 22 free Acts left this visit. Sign up anytime for Facts, Related, and study briefs too.

Document text

IN THE FEDERAL COURT OF AUSTRALIA) QUEENSLAND DISTRICT REGISTRY ) No. QG 42 of 1996 GENERAL DIVISION ) BETWEEN : A.V. JENNINGS LIMITED Applicant AND : FIRST PROVINCIAL BUILDING SOCIETY LIMITED Respondent CORAM: SPENDER J PLACE: BRISBANE DATE: 7 JUNE 1996 REASONS FOR JUDGMENT This is a motion seeking leave pursuant to O 62 of the Federal Court Rules forthwith to tax costs which Lehane J made on 10 April 1996. The provisions of O 62 are such that, without leave from a court, the taxation of those costs will be postponed until the determination of the principal proceedings. The manifest intention of O 62 is to prevent interlocutory costs orders being used oppressively by the party in whose favour interlocutory costs have been ordered, and to prevent applications being brought simply for the purpose of obtaining interlocutory costs orders so that the threat of taxation of those costs can be used as a means of affecting the litigation, including the enforcing of unfair settlements.

Read full text →