Novamaze Pty Ltd v Cut Price Deli Pty Ltd [2000] FCA 313

FEDERAL COURT OF AUSTRALIA

Novamaze Pty Ltd v Cut Price Deli Pty Ltd [2000] FCA 313 PRACTICE AND PROCEDURE – costs – where orders sought reviewing taxation officer's decisions to allow and tax amendments to a Bill of Costs – whether discretion to allow amendments was erroneous or miscarried – consideration of relevance of prejudice to a party who had compromised proceedings on the basis of an estimate of costs made prior to the amendments Federal Court Rules O 62 r 11, O 62 r 42 Queensland v J L Holdings (1997) 189 CLR 146 House v The King (1936) 55 CLR 499 NOVAMAZE PTY LTD and DARRYL PAUL WEEDMAN and ELAINE MARGARET WEEDMAN v CUT PRICE DELI PTY LIMITED and ENZO SGAMBELLONE and LUZETTE McKENZIE and BERNE NO 7 PTY LTD and RUSSELL GORDON DONALD and VIVIAN ANNE DONALD QG 149 OF 1994

SPENDER 28 FEBRUARY 2000 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG240 OF 1994

BETWEEN: NOVAMAZE PTY LTD

First Applicant

DARRYL PAUL WEEDMAN and ELAINE MARGARET WEEDMAN

Second Applicant

AND: CUT PRICE DELI PTY LIMITED

First Respondent

ENZO SGAMBELLONE

Second Respondent

LUZETTE McKENZIE

Third Respondent

BERNE NO 7 PTY LTD

Fourth Respondent

RUSSELL GORDON DONALD and VIVIAN ANNE DONALD

Fifth Respondent

JUDGE: SPENDER

DATE OF ORDER: 28 FEBRUARY 2000

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The relief sought in the notice of motion be refused. 2. The applicants on the motion pay the costs of the respondents on the motion to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA