Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
COSTS - respondents' costs met by third party - no agreement by solicitors to exempt respondents from liability to them for their costs - successful respondents entitled to recover from applicant the costs of their defence. Federal Court Rules, O 33 r 12 Landsal Pty Ltd v REI Building Society (1993) 41 FCR 421, referred to Caboolture Park Shopping Centre Pty Ltd v White Industries (Qld) Pty Ltd (1993) 117 ALR 253, followed Adams v London Improved Motor Coach Builders Limited [1920] 1 KB 495, applied Angor Pty Ltd v Ilich Motor Company Pty Ltd (1992) 37 FCR 65, applied
COOGI AUSTRALIA PTY LTD v HYSPORT INTERNATIONAL PTY LTD & ORS VG 284 OF 1993 DRUMMOND J BRISBANE 25 SEPTEMBER 1998
IN THE FEDERAL COURT OF AUSTRALIA
victoria districT REGISTRY VG 284 of 1993
BETWEEN: COOGI AUSTRALIA PTY LTD
Applicant
AND: HYSPORT INTERNATIONAL PTY LTD
First Respondent
GEOFFREY GRAY JONES
Second Respondent
JOAN MARGARET JONES
Third Respondent
TERENCE GRAY JONES
Fourth Respondent
HARRY GEOFFREY BROWN
Fifth Respondent
JENNIFER ANNE BROWN
Sixth Respondent
BROMSGROVE PTY LTD
Seventh Respondent
JUDGE: DRUMMOND J
DATE OF ORDER: 25/09/98
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The notice of motion filed 17 September 1998 be dismissed.
2. The applicant to pay the costs of all respondents of and incidental to the notice of motion filed on 17 September 1998.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
victoria DISTRICT REGISTRY VG 284 of 1993
BETWEEN: COOGI AUSTRALIA PTY LTD
Applicant
AND: HYSPORT INTERNATIONAL PTY LTD
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