Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Evans Deakin Pty Ltd v Sebel Furniture Ltd [2003] FCA 282
PRACTICE AND PROCEDURE – costs – losing party not paying all costs of winning party. Federal Court of Australia Act 1976 (Cth) subs 43(2) Hughes v Western Australian Cricket (Inc) (1986) ATPR 40-748 Dodds Family Investments Pty Limited v Lane Industries Pty Limited (1993) 26 IPR 261 Commissioner of Australian Federal Police v Razzi (No 2) (1991) 30 FCR 64 R v Secretary of State for Transport; ex parte Factortame Ltd [1998] EWCA 2999 Hayle Holdings Pty Limited v Australian Technology Group Ltd [2000] FCA 1699 ACCC v Australian Safeway Stores Pty Limited (No 3) [2002] FCA 1294 ACCC v Boral Limited (No 2) (2000) ATPR 41-738 EVANS DEAKIN PTY LTD v SEBEL FURNITURE LTD N 768 of 1999 ALLSOP J 3 APRIL 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY 768 of 1999
BETWEEN: EVANS DEAKIN PTY LIMITED
APPLICANT
AND: SEBEL FURNITURE LIMITED
RESPONDENT
JUDGE: ALLSOP J
DATE OF ORDER: 3 APRIL 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The applicant pay the costs of the respondent on the following basis: (a) the applicant pay the costs of the respondent on issues of liability, (b) subject to order (c) below, the applicant pay 70% of the costs of the respondent on issues of quantum, and (c) the costs of the respondent on the issues of quantum are not to include the costs of the preparation of the report of Andrew Murray Ross attached to his affidavit sworn 24 April 2002. 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 768 of 1999
BETWEEN: EVANS DEAKIN PTY LIMITED
APPLICANT
AND: SEBEL FURNITURE LIMITED
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