Aussie Red Equipment Pty Ltd v Antsent Pty Ltd [2001] FCA 1641

FEDERAL COURT OF AUSTRALIA

Aussie Red Equipment Pty Ltd v Antsent Pty Ltd [2001] FCA 1641 COSTS – power to order costs under s 43 of the Federal Court of Australia Act 1976 (Cth) – whether respondents should be ordered to pay the applicants' costs – where proceedings resolved by consent save for the issue of costs – where consent orders not expressed to be 'without any admissions to liability' – where final consent orders closely reflected relief initially sort by the applicants – where respondents failed to follow directions.

Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 referred to Re the Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622 referred to ONE.TEL Ltd v Deputy Commissioner of Taxation [2000] FCA 270 referred to

Aussie Red Equipment Pty Ltd (ACN 003 224 020) and Aqua Fortis Australia Pty Ltd (ACN 080 526 601) v antsent Pty Ltd (ACN 003 751 344) AND Steven Daryl Power

N 1366 of 2000 MOORE J 22 NOVEMBER 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1366 OF 2000

BETWEEN: Aussie Red Equipment Pty Ltd (ACN 003 224 020)

FIRST APPLICANT

Aqua Fortis Australia Pty Ltd (ACN 080 526 601)

SECOND APPLICANT

AND: antsent Pty Ltd (ACN 003 751 344)

FIRST RESPONDENT

STEVEN DARYL POWER

SECOND RESPONDENT JUDGE: MOORE J

DATE OF ORDER: 22 NOVEMBER 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The first and second respondent pay the applicants' costs in the sum of $10,000.

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 1366 OF 2000