Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Lion Nathan Australia Pty Ltd (ACN 008 596 370) v Coopers Brewery Limited (ACN 007 871 409) (No 3) [2006] FCA 1023 COSTS – interlocutory relief granted in favour of plaintiff – where interlocutory relief effectively resolves application for final relief Corporations Act 2001 (Cth): s 140(2) Trade Practices Act 1974 (Cth): s 52 Federal Court of Australia Act 1976 (Cth): s 43 J T Stratford & Son Ltd v Lindley (No 2) [1969] 3 All ER 1122, cited Australian Securities Commission v Aust‑Home Investments Limited (1993) 44 FCR 194, applied O'Keeffe Nominees Pty Limited v BP Australia Limited (No 2) (1995) 55 FCR 591, discussed Re Minister for Immigration and Ethnic Affairs of the Commonwealth of Australia; Ex parte Lai Qin (1997) 186 CLR 622, applied One.Tel Limited v Commissioner of Taxation (2000) 101 FCR 548, cited LION NATHAN AUSTRALIA PTY LTD (ACN 008 596 370) v COOPERS BREWERY LIMITED (ACN 007 871 409), GLENN ANDREW COOPER, DONALD RONALD KINGSTON, WILLIAM THOMAS COOPER, TIMOTHY JAMES COOPER, CAMERON JOHN PEARCE AND JAMES McANDREW COOPER VID 1196 of 2005
GOLDBERG J
2 AUGUST 2006
MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 1196of 2005
BETWEEN: LION NATHAN AUSTRALIA PTY LTD (ACN 008 596 370)
Plaintiff
AND: COOPERS BREWERY LIMITED (ACN 007 871 409)
First Defendant
GLENN ANDREW COOPER
Second Defendant
DONALD RONALD KINGSTON
Third Defendant
WILLIAM THOMAS COOPER
Fourth Defendant
TIMOTHY JAMES COOPER
Fifth Defendant
CAMERON JOHN PEARCE
Sixth Defendant
JAMES McANDREW COOPER
Seventh Defendant
JUDGE: GOLDBERG J
DATE OF ORDER: 2 AUGUST 2006
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The plaintiff have leave to discontinue the proceeding. 2. The defendants pay the plaintiff's costs of and incidental to the application for interlocutory relief filed on 27 September 2005, including the costs of and incidental to the hearings on 3 and 5 October 2005 and 11, 17 and 18 November 2005 which costs were reserved for further consideration. 3. The defendants pay the plaintiff's costs of and incidental to the motion filed on 25 July 2006. 4. Otherwise the parties bear its and their own costs of and incidental to the proceeding. 5. The plaintiff be discharged from its undertaking given by its counsel on its behalf on 11 October 2005. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules IN THE FEDERAL COURT OF AUSTRALIA
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