Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Franks v Warringah Council, in the matter of Franks [2003] FCA 1254 COSTS – indemnity costs – offer of compromise – application to set aside bankruptcy notices - whether the applicant's offer to consent to the setting aside the notices with costs is an offer of compromise.
Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 23 r 2
Australian Competition & Consumer Commission v Universal Music Australia Pty Ltd (No 2) (2002) ATPR 41-862 cited Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 referred to Tickell v Trifleska Pty Ltd (1990) 25 NSWLR 353 referred to Vasram v AMP Life Ltd [2002] FCA 1286 cited PHILLIP MAURICE FRANKS v WARRINGAH COUNCIL IN THE MATTER OF PHILLIP MAURICE FRANKS N 7022 of 2003 N 7023 of 2003 N 7024 of 2003 BRANSON J 7 NOVEMBER 2003 CANBERRA (HEARD IN SYDNEY)
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7022 of 2003
IN THE MATTER OF PHILLIP MAURICE FRANKS
BETWEEN: PHILLIP MAURICE FRANKS
APPLICANT
AND: WARRINGAH COUNCIL
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 7 NOVEMBER 2003
WHERE MADE: CANBERRA (HEARD IN SYDNEY)
THE COURT ORDERS THAT the application for an order requiring the respondent to pay the applicant's costs on an indemnity basis be refused.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 7023 of 2003
IN THE MATTER OF PHILLIP MAURICE FRANKS
BETWEEN: PHILLIP MAURICE FRANKS
APPLICANT
AND: WARRINGAH COUNCIL
RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 7 NOVEMBER 2003
WHERE MADE: CANBERRA (HEARD IN SYDNEY)
THE COURT ORDERS THAT the application for an order requiring the respondent to pay the applicant's costs on an indemnity basis be refused.
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