Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
COSTS - Solicitors appearing for applicant asked District Registrar who had heard full argument and who was about to deliver his decision to refer matter for hearing to a judge - application hopeless - solicitors personally ordered to pay costs of hearing before judge.
Bankruptcy Act 1966 (Cth), ss 40, 41 Federal Court of Australia Act 1976 (Cth), s 35A
Federal Court Rules, O 77 r 7, O 77 r 11
Re Gibbs; Ex parte Triscott (1995) 65 FCR 80, applied Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225, applied Re Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397, applied J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers, West Australian Branch (1992) 46 IR 263, applied
Re Bendeich (No 2) (1994) 53 FCR 422, applied
PHILLIP GEBAUER; EX PARTE MILLENNIUM FEDERATION PTY LTD
QG 7332 OF 1998
LISA MARIE FLETCHER; EX PARTE MILLENNIUM FEDERATION PTY LTD
QG 7333 OF 1998
DRUMMOND J 5 OCTOBER 1998
BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY QG 7332 of 1998
BETWEEN: PHILLIP GEBAUER
Applicant
EX PARTE: MILLENNIUM FEDERATION PTY LTD (ACN 067 632 884)
Respondent
JUDGE: DRUMMOND J
DATE OF ORDER: 05/10/98
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The application be dismissed.
2. The applicant pay to the respondent the respondent's costs of and incidental to the proceedings.
3. The costs referred to in Order 2 be taxed from and including the hearing of 25 September 1998 on an indemnity basis.
4. The solicitors on the record for the applicant pay the costs of the respondent and of today's hearing taxed on an indemnity basis.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
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