Brown v Rodgers, in the matter of Terry Donald Hill [2006] FCA 713

FEDERAL COURT OF AUSTRALIA

Brown v Rodgers, in the matter of Terry Donald Hill [2006] FCA 713 COSTS – where leave to amend interim application granted – prejudice to party – whether costs should be quantified – order sought for taxation or fixing of costs Held - application refused IN THE MATTER OF TERRY DONALD HILL DONALD EDWARD BROWN AND ORS v PETER RODGERS AND ANOR NSD 1822 OF 2005 RARES J 15 MARCH 2006 SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1822 OF 2005

BETWEEN: DONALD EDWARD BROWN, GLENDA MAUREEN BROWN, ANDREW DONALD BROWN, DAVID ROBERT BROWN & SUSANNE JAYNE BROWN trading as Browns of Padthaway

FIRST APPLICANT

JAMES ESTATE WINES PTY LTD

SECOND APPLICANT

AND: PETER RODGERS

FIRST RESPONDENT

TERRY DONALD HILL

SECOND RESPONDENT

JUDGE: RARES J

DATE OF ORDER: 15 MARCH 2006

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The applicants pay the respondents' costs: (a) thrown away by the amendment to the application foreshadowed today; (b) of 15 March 2006 in any event. 2. The respondents' application to fix a sum or to require the taxation of those costs at this stage is refused. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 1822 OF 2005

BETWEEN: DONALD EDWARD BROWN, GLENDA MAUREEN BROWN, ANDREW DONALD BROWN, DAVID ROBERT BROWN & SUSANNE JAYNE BROWN trading as Browns of Padthaway

FIRST APPLICANT

JAMES ESTATE WINES PTY LTD

SECOND APPLICANT

AND: PETER RODGERS

FIRST RESPONDENT

TERRY DONALD HILL

SECOND RESPONDENT

JUDGE: RARES J

DATE: 15 MARCH 2006

PLACE: SYDNEY