Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities & Investments Commission v Perpetual Trustee
Company (Canberra) Ltd
[2000] FCA 1880
PRACTICE AND PROCEDURE – costs – whether indemnity costs order appropriate
Hadid v Lenfest Communications Inc [2000] FCA 628 referred to Coshott v Learoyd [1999] FCA 276 followed
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v PERPETUAL TRUSTEE COMPANY (CANBERRA) LIMITED ACN 008 393 806
AG 3003 OF 1997
GYLES J
CANBERRA
15 DECEMBER 2000
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY AG 3003 OF 1997
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
APPLICANT
AND: PERPETUAL TRUSTEE COMPANY (CANBERRA) LIMITED ACN 008 393 806
RESPONDENT AND: PERPETUAL TRUSTEE COMPANY (CANBERRA) LIMITED ACN 008 393 806
CROSS CLAIMANT AND: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
FIRST CROSS RESPONDENT
TERRENCE MARK SNOW and GEORGE ROBERT WARWICK SNOW
SECOND CROSS RESPONDENTS
STIRLING FINANCE CO PTY LIMITED
ACN 008 510 558 (Formerly Bass Investments (ACT) Pty Limited)
THIRD CROSS RESPONDENT
JUDGE: GYLES J
DATE OF ORDER: 15 DECEMBER 2000
WHERE MADE: CANBERRA
THE COURT ORDERS THAT: 1. The cross claimant pay the costs of the second and third cross respondents of the proceedings, excluding the proceedings dealt with by the order of the Full Court on 15 March 1999 . 2. The applicant pay the costs of the respondent of the proceeding excluding the proceedings dealt with by the order of the Full Court on 15 March 1999: (a) incurred up to and including 20 October 2000 – taxed or assessed on a party and party basis; (b) incurred after 20 October 2000 – as taxed or assessed on the basis that such costs are to include all costs except insofar as they are of an unreasonable amount or unreasonably incurred so that, subject to such exceptions, the respondent will be completely indemnified by the applicant for its costs, including the costs that the respondent (cross claimant) should pay to the second and third cross respondents. 3. No order as to the costs of and incidental to today's proceedings. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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