Business in Focus (Aust) Pty Ltd v Begun Property Pty Ltd [2006] FCA 264

FEDERAL COURT OF AUSTRALIA

Business in Focus (Aust) Pty Ltd v Begun Property Pty Ltd [2006] FCA 264

VACATION OF TRIAL DATE – relevant principles – costs assessed and paid forthwith – costs in security for costs application

Federal Court of Australia Act 1976 (Cth) ss 43(1), 43(2), 56(1) Federal Court Rules O 22 r 2, O 28 r 3(1), O 30 r 7, O 62 r 3(2), O 72 r 1 Bell Wholesale Co Pty Ltd v Gates Export Corporation (1984) 52 ALR 176 Sali v SPC Ltd (1993) ALJR 841 The State of Queensland v JL Holdings Pty Ltd (1996) 189 CLR 146 BUSINESS IN FOCUS (AUST) PTY LTD v BEGUN PROPERTY PTY LTD QUD 229 OF 2005 COLLIER J 20 MARCH 2006 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 226 OF 2005

BETWEEN: BUSINESS IN FOCUS (AUST) PTY LTD (ACN 062 413 665)

FIRST APPLICANT

WELBON BUILDING AND PLUMBING PTY LTD (ACN 003 640 373)

SECOND APPLICANT

PAUL ROBERT WELLARD

THIRD APPLICANT

BEACHSIDE CONSTRUCTIONS (AUST) PTY LTD (ACN 065 786 281)

FOURTH APPLICANT

AND: BEGUN PROPERTY PTY LTD (ACN 104 730 946)

FIRST RESPONDENT

MICHAEL STEVEN BEGUN

SECOND RESPONDENT

JESSICA LYNN BEGUN

THIRD RESPONDENT JUDGE: COLLIER J

DATE OF ORDER: 20 MARCH 2006

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Pursuant to O 30 r 7 Federal Court Rules, and as sought by the notice of motion filed by the applicants on 10 March 2006, the dates for trial currently fixed by the Court as 3 April 2006 until 7 April 2006 are be vacated, to be relisted 5 February 2007 until 9 February 2007.

2. Any costs thrown away by the respondents as a result of the vacation of the trial date to be borne by the applicants, with the exception of costs referred to in Order 3 of these orders of judgment.