McCallum & Co Pty Ltd v Allen Manufacturing Co Pty Ltd [2001] FCA 1221

FEDERAL COURT OF AUSTRALIA

McCallum & Co Pty Ltd v Allen Manufacturing Co Pty Ltd

[2001] FCA 1221

McCALLUM & CO PTY LIMITED ACN 000 054 491 v ALLEN MANUFACTURING COMPANY PTY LIMITED ACN 001 617 643 and ALAN GEORGE HARPER N 1059 OF 1999 GYLES J SYDNEY 19 JULY 2001

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1059 OF 1999

BETWEEN: McCALLUM & CO PTY LIMITED

ACN 000 054 491

APPLICANT

AND: ALLEN MANUFACTURING COMPANY PTY LIMITED

ACN 001 617 643

FIRST RESPONDENT

ALAN GEORGE HARPER

SECOND RESPONDENT

JUDGE: GYLES J

DATE OF ORDER: 19 JULY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicant's costs of the proceedings up to and including 31 May 2001, in respect of which orders were made on 31 May 2001, be taxed and payable by the respondents forthwith conditional upon the applicant satisfying the respondents or, in default, the Deputy Registrar of the New South Wales Registry of the Court, that any amount paid for costs will be repaid in the event of an appeal succeeding. 2. The respondents pay the applicant's costs of the notice of motion filed 13 July 2001. 3. The proceedings be stood over for further directions to a date fourteen days after the hearing and determination of proceeding N 958 of 2001. 4. Liberty to apply on three days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1059 OF 1999

BETWEEN: McCALLUM & CO PTY LIMITED

ACN 000 054 491

APPLICANT

AND: ALLEN MANUFACTURING COMPANY PTY LIMITED

ACN 001 617 643

FIRST RESPONDENT

ALAN GEORGE HARPER

SECOND RESPONDENT