Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Khatri v Price [1999] FCA 1289
COSTS - motion for costs arising from applications to Federal Court under State Corporations Law - whether Federal Court has jurisdiction to award costs in proceedings in which it purported to exercise non-existent jurisdiction.
Federal Court of Australia Act 1976 (Cth) ss 4, 43(1)
Federal Courts (State Jurisdiction) Act 1999 (NSW)
Re Wakim; Ex parte McNally (1999) 163 ALR 270, applied
Pezet v Pezet (1946) 47 SR (NSW) 45, distinguished
Jackson v Sterling Industries Ltd (1987) 162 CLR 612, cited
Federated Engine-Drivers and Firemen's Association of Australasia v Broken Hill Proprietary Co Ltd (1911) 12 CLR 398, cited
Steel Co v Citizens for Better Environment 140 L Ed 2d 210 (1998), cited
Commissioner of Taxes v Rooney [1936] SASR 289, distinguished
Proust v Blake (1989) 17 NSWLR 267, distinguished
Cameron v Cole (1944) 68 CLR 571, distinguished
Australia and New Zealand Banking Group Ltd v Merribee Pastoral Industries Pty Ltd (1998) 84 FCR 367, cited
IN THE MATTER OF GILLES CONTRACTING PTY LTD (IN LIQUIDATION) (ACN 054 079 024)
RAJ KHATRI v MICHAEL PRICE & ANOR
NG 3241 of 1997 KATZ J 15 SEPTEMBER 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 3241 of 1997
IN THE MATTER OF GILLES CONTRACTING PTY LTD (IN LIQUIDATION) (ACN 054 079 024)
BETWEEN: RAJ KHATRI
Applicant
AND: MICHAEL PRICE
First Respondent
JOANNE PRICE
Second Respondent
JUDGE: KATZ J
DATE OF ORDER: 15 SEPTEMBER 1999
WHERE MADE: SYDNEY
MINUTES OF ORDER
THE COURT ORDERS THAT: The applicant's motion be dismissed as incompetent.
Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate