Federal Court of Australia
FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE - costs of application under s 500(2) of Corporations Law
Corporations Law s 500(2) Federal Court Rules O62 r3(2) Australian Transport Insurance Pty Ltd v Graeme Phillips Road Transport Insurance Pty Ltd (1986) 71 ALR 287 applied Fielding v Vagrand Pty Ltd (1992) 111 ALR 368 mentioned In re Wanzer Ltd [1891] 1 Ch 305 mentioned J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers, (unreported, French J, Federal Court, 19 February 1993) applied JJ Leonard Properties Pty Ltd v Leonard (WA) Pty Ltd (in liq) (1986) 11 ACLR 224 mentioned Maher v Taylor (1984) 8 ACLR 931 mentioned Ragata Developments Pty Ltd v Westpac Banking Corporation, (unreported, Davies J, Federal Court, 5 March 1993) discussed
o.d. transport (australia) pty ltd, richard gell mansell and simon alexander wallace-smith v o.d. transport pty ltd, noel robert may and lynette christine may
VG 3145 of 1997
FINKELSTEIN J
MELBOURNE
15 MAY 1998
IN THE FEDERAL COURT OF AUSTRALIA
victoria DISTRICT REGISTRY vg 3145 of 1997
between: o.d. transport (australia) pty ltd, richard gell mansell and simon alexander wallace- smith
Applicants
and: o.d. transport pty ltd, noel robert may and lynette christine may
Respondents
JUDGE: finkelstein j
DATE OF ORDER: 15 may 1998
WHERE MADE: melbourne
THE COURT ORDERS THAT: 1. The first respondent pay the first applicant's costs of and incidental to the motion on notice dated 22 January 1998 including the costs of the hearing on 10 February 1998. 2. The first respondent pay the first applicant's costs of and incidental to the various applications by the first respondent to amend its defence including the costs of the directions hearings held on 2 April 1998, 6 April 1998 and 17 April 1998. 3. Pursuant to O62 r3(2) of the Federal Court Rules, the first applicant's costs are to be taxed and paid forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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