In the matter of Greek Orthodox Community of Melbourne and Victoria [2003] FCA 1269

FEDERAL COURT OF AUSTRALIA

In the matter of Greek Orthodox Community of Melbourne and Victoria [2003] FCA 1269 COSTS – discontinuance of action subsequent to trial – appropriateness of considering merits of case in resolving costs dispute – principles to be applied

Corporations Act 2001 (Cth) ss 247, 1324

American Tobacco Company v Guest [1892] 1 Ch 630 distinguished Australian Securities Commission v Aust-Home Investments Limited (1993) 44 FCR 194 cited Gribbles Pathology Pty Ltd v Health Insurance Commission (1997) 80 FCR 283 referred to Isle of Wight Railway Company v Tahourdin (1883) 25 Ch D 320 referred to J. T. Stratford & Sons Ltd. v Lindley (No.2) [1969] 1 WLR 1547 cited Lever Brothers Limited v Masbro' Equitable Pioneers Society Limited (1911) 105 LT 948 distinguished Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia, Re The; Ex Parte Lai Qin (1997) 186 CLR 622 cited One. Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 approved Ritter v Godfrey [1920] 2 KB 47 applied Rizal v Minister for Immigration & Multicultural Affairs [1999] FCA 334 approved Verna Trading Pty. Ltd. v New India Assurance Co. Ltd [1991] 1 VR 129 distinguished Winthrop Investments Ltd. v Winns Ltd [1975] 2 NSWLR 666 cited IN THE MATTER OF GREEK ORTHODOX COMMUNITY OF MELBOURNE AND VICTORIA CHRISTOS MOURIKIS and GREEK ORTHODOX COMMUNITY OF MELBOURNE AND VICTORIA and others, according to the attached schedule V 3234 of 2003 FINKELSTEIN J 7 NOVEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3234 of 2003

IN THE MATTER OF GREEK ORTHODOX COMMUNITY OF MELBOURNE AND VICTORIA

BETWEEN: CHRISTOS MOURIKIS

Plaintiff

AND: GREEK ORTHODOX COMMUNITY OF MELBOURNE AND VICTORIA and others, according to the attached schedule