Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Franklins Ltd v The Reject Shop (Aust) Pty Ltd [1999] FCA 1190 PRACTICE AND PROCEDURE - enforcement of order of Court to pay a sum for taxed costs – effect of s 53 Federal Court of Australia Act and O 37 r 7 Federal Court Rules – use by Federal Court of Australia of enforcement hearing procedure set out in Uniform Civil Procedure Rules (Qld) – issue of enforcement hearing summons. Federal Court of Australia Act 1976 s 53 Federal Court Rules O 37 r 7 Uniform Civil Procedure Rules (Qld) r 807, 808, 809 Guthrie v Robertson (1987) 13 FCR 336 followed FRANKLINS LIMITED v THE REJECT SHOP (AUST) PTY LTD NG 138 of 1997 SPENDER J 25 AUGUST 1999 BRISBANE
IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY NG 138 OF 1997
BETWEEN: FRANKLINS LIMITED (ACN 000 929 902)
AND: Applicant
AND: THE REJECT SHOP (AUST) PTY LTD (ACN 066 122 676)
AND: Respondent
By Original Action
THE REJECT SHOP (AUST) PTY LTD (ACN 066 122 676)
First Cross-Claimant
NEVERA PTY LTD (ACN 006 532 734)
First Cross-Respondent
AUSTRALIA PACIFIC TRADING PTY LTD (ACN 070 889 913)
Second Cross-Respondent
By First Cross-Claim
AUSTRALIA PACIFIC TRADING PTY LTD (ACN 070 889 913)
Second Cross-Claimant
NEWNHAM TRUCKING PTY LTD (ACN 006 149 444)
Third Cross-Respondent
AND: GRAEME CHARLES NEWNHAM
Fourth Cross-Respondent
By Second Cross-Claim
NEWNHAM TRUCKING PTY LTD (ACN 006 149 444)
Third Cross-Claimant
AUSTRALIA PACIFIC TRADING PTY LTD (ACN 070 889 913)
Fifth Cross-Respondent
By Third Cross-Claim
JUDGE: SPENDER J
DATE: 25 AUGUST 1999
PLACE: BRISBANE
THE COURT ORDERS THAT:
(1) a summons in the following form be issued by the District Registrar of the Federal Court of Australia:
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