Kingsheath Club of the Clubs Limited (In liq) [2003] FCA 1589

FEDERAL COURT OF AUSTRALIA

Kingsheath Club of the Clubs Limited (In liq) [2003] FCA 1589 COSTS – application for indemnity costs – interlocutory application withdrawn after judgment reserved – whether the applicant in the interlocutory process "should have known that he had no chance of success".

Federal Court Rules 2000 (Cth): O 62 r 3(2)

Fountain Selected Meat (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397, followed Hamod v New South Wales (2002) 188 ALR 659, referred to Colgate‑Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225, referred to

IN THE MATTER OF KINGSHEATH CLUB OF THE CLUBS LIMITED (IN LIQUIDATION) (ACN 089 214 648)

KEITH LAURENCE SUTHERLAND in his capacity as Liquidator of KINGSHEATH CLUB OF THE CLUBS LIMITED (IN LIQUIDATION) (ACN 089 214 648) V 3070 of 2001 GOLDBERG J 19 DECEMBER 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 3070 of 2001

IN THE MATTER OF KINGSHEATH CLUB OF THE CLUBS LIMITED

(IN LIQUIDATION) (ACN 089 214 648)

KEITH LAURENCE SUTHERLAND in his capacity as Liquidator of

KINGSHEATH CLUB OF THE CLUBS LIMITED (IN LIQUIDATION)

(ACN 089 214 648)

Plaintiff

JUDGE: GOLDBERG J

DATE OF ORDER: 19 DECEMBER 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The application be dismissed. 2. The plaintiff pay the costs of the King Network Group Pty Ltd, Arts Investment Pty Ltd, Harry Stamoulis and Salvatore Mancuso, of and incidental to the application, the application for access to documents and any reserved costs. 3 Pursuant to O 62 r 3(2) such costs be paid forthwith. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules