Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
PRACTICE AND PROCEDURE – judgment and orders – slip rule – whether Court proceeded under a misapprehension in making its previous order – whether previous order of the Court should be set aside.
COSTS – costs order in favour of non-party not providing material assistance on the substantive application – whether costs order should have been made. Federal Court of Australia Act 1976 (Cth), s 43. Federal Court of Australia Rules, O 35, r 7(2). Autodesk Inc v Dyason (No 2) (1993) 176 CLR 300, followed. Bent v Gough & Anor (1992) 36 FCR 204, (FC), cited. Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 45 FCR 224 (FC), cited. Knight v F P Special Assets Ltd (1992) 174 CLR 178, cited. Ricegrowers Co-Operative Ltd v ABC Containerline NV (1996) 138 ALR 480 (FCA/Tamberlin J), cited.
THEO v OFFICIAL TRUSTEE IN BANKRUPTCY & ORS QG 160 of 1996 THEO v OFFICIAL TRUSTEE IN BANKRUPTCY QG 16 of 1998 BLACK CJ, SACKVILLE AND FINN JJ BRISBANE 23 JULY 1998
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
matter no: QG 160 of 1996
BETWEEN: SOL THEO
Applicant
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
FIRST Respondent
ANTHONY JAMES BENNETT
AND
KENNETH PHILP
SECOND RESPONDENTS
matter no: QG 16 of 1998
BETWEEN: SOL THEO
Applicant
AND: OFFICIAL TRUSTEE IN BANKRUPTCY
Respondent
JUDGES: BLACK CJ, SACKVILLE AND FINN JJ
DATE OF ORDER: 23 JULY 1998
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