Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Comandate Marine Corp v Pan Australia Shipping [2006] FCA 1370 PRACTICE AND PROCEDURE – ADMIRALTY AND MARITIME – obligation of parties and lawyers to co-operate to ensure that only questions truly necessary for decision are brought to court for argument. COMANDATE MARINE CORP v PAN AUSTRALIA SHIPPING PTY LTD NSD 1613 OF 2006
ALLSOP J
13 OCTOBER 2006
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1613 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COMANDATE MARINE CORP
Appellant
AND: PAN AUSTRALIA SHIPPING PTY LTD
Respondent
JUDGE: ALLSOP J DATE OF ORDER: 13 OCTOBER 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. In accordance with paragraph 9 of the Orders of the Honourable Justice Rares made on 6 September 2006, the amount that the Respondent is to provide as security is $21,221.42. 2. Each party is to bear its own costs of the Appellant's notice of motion filed in Court on 6 October 2006. 3. If the Respondent's undertaking to provide security is not met by 10.00 am on 25 October 2006, the Respondent to the appeal, by someone who has personal knowledge of the facts, provide affidavit evidence as to the reasons why its undertaking to the Court has not been complied with. 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 1613 OF 2006
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: COMANDATE MARINE CORP
Appellant
AND: PAN AUSTRALIA SHIPPING PTY LTD
Respondent
JUDGE: ALLSOP J
DATE: 13 OCTOBER 2006
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 Because the parties and their lawyers cannot agree the combined total of two past applications and two possible future applications, all by consent, and none either complex or unusual, it has been necessary for the Court to sit for a substantial part of a morning in hearing senior counsel for both sides to determine this issue. 2 The issue is the proper sum for paragraph 9 of the orders of Rares J on 6 September 2006.
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