Fastlane Australia Pty Ltd v Nolmont Pty Ltd [2007] FCA 492

FEDERAL COURT OF AUSTRALIA

Fastlane Australia Pty Ltd v Nolmont Pty Ltd [2007] FCA 492

COSTS – Interlocutory orders for costs – Proceeding discontinued without reference to those orders – Whether costs could be taxed notwithstanding absence of any such reference – Federal Court Rules, O 62 r 14 COSTS – Terms of settlement stipulating "no order as to costs" – Proceeding discontinued by leave without reference to costs orders made on interlocutory applications – Proposal to tax costs under those orders – Whether precluded by terms of settlement Federal Court Rules O 62 r 14, O 22 r 2 O'Neill v Mann [2000] FCA 1680 FASTLANE AUSTRALIA PTY LTD (ACN 063 871 661) v NOLMONT PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) (ACN 010 874 834), GERALD THOMAS COLLINS AND MATTHEW LESLIE JOINER (AS ADMINISTRATORS OF THE DEED OF COMPANY ARRANGEMENT ENTERED INTO BY NOLMONT PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 006 116 972) VID644 OF 2005

JESSUP J

3 MAY 2007

MELBOURNE IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VID644 OF 2005

BETWEEN: FASTLANE AUSTRALIA PTY LTD (ACN 063 871 661)

Plaintiff

AND: NOLMONT PTY LTD (SUBJECT TO A DEED OF COMPANY ARRANGEMENT) (ACN 010 874 834)

First Defendant

GERALD THOMAS COLLINS

Second Defendant

MATTHEW LESLIE JOINER (AS ADMINISTRATORS OF THE DEED OF COMPANY ARRANGEMENT ENTERED INTO BY NOLMONT PTY LTD (SUBJECT TO DEED OF COMPANY ARRANGEMENT) (ACN 006 116 972)

Third Defendant

JUDGE: JESSUP J

DATE OF ORDER: 3 MAY 2007

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT:

1. The Deputy District Registrar be directed to tax the plaintiff's bills of costs to the extent referrable to the costs orders made by Goldberg J on 15 November 2005 and by Young J on 6 March 2006. 2. The defendants pay the plaintiff's costs of the motion of which the plaintiff gave notice on 27 February 2007. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.