Hamod v State of New South Wales [2001] FCA 1389

FEDERAL COURT OF AUSTRALIA

Hamod v State of New South Wales [2001] FCA 1389

COSTS – to follow event of successful strike-out application – leave to have costs taxed forthwith by reason of likely lengthy duration of proceedings – consequences to unsuccessful litigant in person and his unsuccessful co-litigant corporation – principles governing security as to costs.

Australian Securities and Investments Commission Act 1989 (Cth) Banking Act 1959 (Cth) Trade Practices Act 1974 (Cth)

Hamod v State of New South Wales [2000] FCA 1100 cited Hamod v State of New South Wales [2001] FCA 157 cited ANTHONY HAMOD and HAMOCK INVESTMENTS PTY LIMITED v STATE OF NEW SOUTH WALES and UBS AUSTRALIA LIMITED N 643 OF 2000 CONTI J 24 SEPTEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 643 OF 2000

BETWEEN: ANTHONY HAMOD

FIRST APPLICANT

HAMOCK INVESTMENTS PTY LIMITED (ACN 005 758 412)

SECOND APPLICANT

AND: STATE OF NEW SOUTH WALES

FIRST RESPONDENT

UBS AUSTRALIA LIMITED (ACN 003 059 461)

SECOND RESPONDENT

JUDGE: CONTI J

DATE OF ORDER: 24 SEPTEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The Applicants pay the costs of each of the Respondents of the original statement of claim filed herein and subsequently abandoned. 2. The Applicants to pay the costs of each of the Respondents of the strike-out proceedings relating to the amended statement of claim, including the costs of the proceedings held on 24 September 2001, with leave to have such costs taxed forthwith. 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 643 OF 2000

BETWEEN: ANTHONY HAMOD