Sanders v Glev Franchises Pty Ltd [2003] FCA 11

FEDERAL COURT OF AUSTRALIA

Sanders v Glev Franchises Pty Ltd [2003] FCA 11 COSTS – principles relevant to an award of costs – whether Court should depart from the ordinary rule Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules, O 65 r 15 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 referred Latoudis v Casey (1990) 170 CLR 534 referred Cummings v Lewis (1993) 41 FCR 559 referred Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No 2) [2000] FCA 602 referred Verna Trading Pty Ltd v New India Assurance Pty Ltd [1999] 1 VR 129 referred JOHN EDWARDS SANDERS & ANOR v GLEV FRANCHISES PTY LTD & ORS VG 418 of 1992 KENNY J 14 JANUARY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 418 OF 1992

BETWEEN: JOHN EDWARD SANDERS

First Applicant

CHRISTOPHER ZIENKIEWICZ

Second Applicant

AND: GLEV FRANCHISES PTY LTD

First Respondent

GABRIEL CHRISTOU

Second Respondent

LEO REYES

Third Respondent

JUDGE: KENNY J

DATE OF ORDER: 14 JANUARY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application dated 6 November 1992 be dismissed. 2. The applicants pay the respondents' costs of the proceeding brought by them (including reserved costs), such costs to be taxed in default of agreement. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 418 OF 1992

BETWEEN: JOHN EDWARD SANDERS

First Applicant

CHRISTOPHER ZIENKIEWICZ

Second Applicant

AND: GLEV FRANCHISES PTY LTD

First Respondent

GABRIEL CHRISTOU

Second Respondent

LEO REYES