Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
ACN 116 149 092 Pty Ltd v Coopers Brewery Ltd (ACN 007 871 409) [2006] FCA 1119
PRACTICE AND PROCEDURE – leave to discontinue – leave unopposed – costs – plaintiff commenced proceedings with knowledge of the likelihood that litigation may become futile – litigation conducted reasonably until proceedings became futile – whether costs order should be made in favour of defendant Held: Plaintiff entered into litigation with knowledge of risk involved – appropriate in the circumstances that a costs order be made Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) s 43(1) Federal Court Rules O 22, O 62 r 26(1)
Covell Matthews & Partners v French Wools Ltd [1977] 1 WLR 876 cited Re Minister for Immigration and Ethnic Affairs; Ex parte Lai Qin (1997) 143 ALR 1 referred to Smith v Airservices Australia (2005) 146 FCR 37 referred to Harvey Norman Holdings Ltd v Fels [2002] ATPR 41-852 cited O'Neill v Mann [2000] FCA 1680 cited Re Wilcox; Ex parte Venture Industries Pty Ltd (1996) 72 FCR 151 cited ACN 116 149 092 PTY LTD (ACN 116 149 092) v COOPERS BREWERY LTD (ACN 007 871 409) No VID 1195 of 2005
FINN J
23 AUGUST 2006
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY VID 1195 OF 2005
BETWEEN: ACN 116 149 092 PTY LTD
(ACN 116 149 092)
Plaintiff
AND: COOPERS BREWERY LTD
(ACN 007 871 409)
Defendant
AND BETWEEN: COOPERS BREWERY LTD
(ACN 007 871 409)
Cross-Claimant
and: ACN 116 149 092 PTY LTD
(ACN 116 149 092)
First Defendant to the Cross-Claim
BARRY SCHRAPEL
Second Defendant to the Cross-Claim JUDGE: FINN J
DATE OF ORDER: 23 AUGUST 2006
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