Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Hoyts Multi-Plex Cinemas Pty Ltd v Fox Entertainment Precinct Pty Ltd [2003] FCA 1347 COSTS – application for an order of preliminary discovery under O 15A r 6 – matter resolved by agreement before final determination – basis upon which exercise of discretion as to costs should be exercised.
Federal Court of Australia Act 1976 (Cth) s 43 Federal Court Rules O 15A r 6 Australian Securities Commission v Aust-Home Investments Ltd (1993) 44 FCR 194 cited C7 Pty Ltd v Foxtel Management Pty Ltd [2001] FCA 1864 referred to Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 cited Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 cited Yates Property Corp Pty Ltd v Boland (2000) 179 ALR 664 cited HOYTS MULTI-PLEX CINEMAS PTY LTD ACN 006 564 585 v FOX ENTERTAINMENT PRECINCT PTY LTD ACN 081 288 520 AND LEND LEASE DEVELOPMENT PTY LIMITED ACN 000 311 277 N 819 of 2003 BRANSON J 21 NOVEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 819 of 2003
BETWEEN: HOYTS MULTI-PLEX CINEMAS PTY LTD ACN 006 564 585
APPLICANT
AND: FOX ENTERTAINMENT PRECINCT PTY LTD ACN 081 288 520
FIRST RESPONDENT
LEND LEASE DEVELOPMENT PTY LIMITED ACN 000 311 277
SECOND RESPONDENT
JUDGE: BRANSON J
DATE OF ORDER: 21 NOVEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:6+ 1. The applicant pay the respondents' costs of the application to the extent only that such costs were incurred after the directions hearing of 5 August 2003.
2. Subject to paragraph 1, there be no order as to the costs of the application.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 819 of 2003
BETWEEN: HOYTS MULTI-PLEX CINEMAS PTY LTD ACN 006 564 585
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