Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Wenzel v Australian Stock Exchange Ltd [2002] FCA 353 COSTS ‑ Indemnity costs ‑ Calderbank letter ‑ Proper approach to awarding indemnity costs pursuant to such a letter Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 considered John S Hayes & Associates Pty Ltd v Kimberly‑Clark Australia Pty Ltd (1994) 52 FCR 201 considered Sanko Steamship Co Ltd v Sumitomo Australia Ltd (unreported, 7 February 1996) Sheppard J considered Black v Lipovac [1998] FCA 699 applied Coshott v Learoyd [1999] FCA 276 considered Sydney Markets Ltd v Sydney Flower Market Pty Ltd [2002] FCA 283 cited NMFM Properties Pty Ltd v Citibank Ltd (No 2) (2001) 109 FCR 77 cited Colgate‑Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 cited PETER BRUCE WENZEL v AUSTRALIAN STOCK EXCHANGE LTD VG 545 OF 1998 GRAEME VINCENT ROUGH v AUSTRALIAN STOCK EXCHANGE LTD VG 546 OF 1998 BRYAN FRANCIS MADDEN v AUSTRALIAN STOCK EXCHANGE LTD VG 551 OF 1998 SUNDBERG J 27 MARCH 2002 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 545 OF 1998
BETWEEN: PETER BRUCE WENZEL
APPLICANT
AND: AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691)
RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 546 OF 1998
BETWEEN: GRAEME VINCENT ROUGH
APPLICANT
AND: AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691)
RESPONDENT
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VG 551 OF 1998
BETWEEN: BRYAN FRANCIS MADDEN
APPLICANT
AND: AUSTRALIAN STOCK EXCHANGE LTD (ACN 008 624 691)
RESPONDENT
JUDGE: SUNDBERG J
DATE OF ORDER: 27 MARCH 2002
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT: 1. The motion notice of which was filed on 18 February 2002 be dismissed. 2. The respondent pay the applicants' costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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