Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
McVeigh (Trustee) in the matter of Piccolo v National Australia Bank Ltd
[2000] FCA 558 COSTS – indemnity costs – whether ulterior motive – suggestion by ultimately unsuccessful party that successful party should take a particular course of action to avoid result – whether "intimidation" – contractual right of another party to obtain total costs – whether special circumstance Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 at 233 IN THE MATTER OF JOHN PETER PICCOLO; DEAN ROYSTON McVEIGH v NATIONAL AUSTRALIA BANK LIMITED & ANOR (NO 2) V 200 of 1999
HEEREY, FINKELSTEIN and KENNY JJ
9 MAY 2000
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V200 OF 1999
RE: JOHN PETER PICCOLO
BETWEEN: A Bankrupt
EX PARTE: DAN ROYSTON MCVEIGH (trustee of the Bankrupt Estate of John Peter Piccolo)
Appellant
AND: NATIONAL AUSTRALIA BANK LIMITED
First Respondent
POOLE LEVY & APPEL PTY LTD
Second Respondent
JUDGES: HEEREY, FINKELSTEIN and KENNY JJ
DATE OF ORDER: 9 MAY 2000
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The Notice of Motion dated 4 June 1999 is dismissed. 2. The second respondent pay the appellant's costs of the motion. 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 V200 OF 1999
RE: JOHN PETER PICCOLO
BETWEEN: A Bankrupt
EX PARTE: DAN ROYSTON MCVEIGH (trustee of the Bankrupt Estate of John Peter Piccolo)
Appellant
AND: NATIONAL AUSTRALIA BANK LIMITED
First Respondent
POOLE LEVY & APPEL PTY LTD
Second Respondent
JUDGES: HEEREY, FINKELSTEIN and KENNY JJ
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