Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Arkin v Tridon Australia Pty Limited [2003] FCA 1386 Corporations Act 2001 (Cth) s 290, 290(4)(a) Arkin v Tridon Australia Pty Limited (2002) 43 ACSR 610 referred to Arkin v Tridon Australia Pty Limited [2003] FCA 1372 cited Australian Securities Commission v Australian Home Investments Ltd (1993)116 ALR 923 referred to Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 referred to Edutainments Pty Ltd v JMC Pty Ltd [2003] FCA 1253 cited One.Tel Ltd v Deputy Commissioner of Taxation (2000) 171 ALR 227 referred to Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 referred to HARRY LEE ARKIN v TRIDON AUSTRALIA PTY LIMITED N 3016 OF 2002 HELY J 2 DECEMBER 2003 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 3016 OF 2002
BETWEEN: HARRY LEE ARKIN
APPLICANT
AND: TRIDON AUSTRALIA PTY LIMITED
(ACN 001 398 698)
RESPONDENT
JUDGE: HELY J
DATE OF ORDER: 2 DECEMBER 2003
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. There be no order as to the costs of these proceedings subject to the following provisos: (a) this order does not displace any orders for costs otherwise made in the proceedings, and in particular the costs already ordered in favour of Mr and Mrs Lennox, and the costs orders made by me in relation to the motions filed by Mr Arkin and TAPL on 28 July 2003; and (b) TAPL should pay Mr Arkin's costs of the proceedings in relation to the assertion by TAPL of the 'threshold issues' referred to in my earlier judgment, the application to stay the proceedings pending the determination of those threshold issues (including the costs of the hearing on 9 December 2002), and the filing of evidence by either party in relation to those issues (whether filed before or after 12 November 2002) as well as any costs incurred by Mr Arkin in relation to TAPL's outline of submissions dated 4 February 2003. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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