Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Evans as Trustee of the Kamiyacho Superannuation Fund v BankWest [2007] FCA 506
COSTS – examinations – summons to attend – order for production of documents – recovery of costs by examinee – recovery of costs by recipient of order – where neither is party to proceedings – relevant principles – power of court to order costs – no order for costs Chapman v Luminis Pty Ltd [2003] FCAFC 162 cited Re BPTC Ltd (in liq) (1993) 10 ACSR 756 applied Re Struthers, Liquidator of Project Management, Architecture and Construction, Interior (PACI) Pty Ltd in Liquidation (No. 3) (2005) 64 NSWLR 392 referred to Re The Minister for Immigration and Ethnic Affairs of the Commonwealth; Ex parte Lai Qin (1997) 186 CLR 622 followed Ryan v Australian Securities and Investments Commission; in the matter of Allstate Explorations NL (Subject to Deed of Company Arrangement) [2007] FCA 59 referred to IN THE MATTER OF ALLSTATE EXPLORATIONS NL (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 000 679 023; SIMON EVANS & KATHRYN EVANS AS TRUSTEE OF THE KAMIYACHO SUPERANNUATION FUND v BANK OF WESTERN AUSTRALIA LIMITED AND GARRY TREVOR NSD 1551 OF 2006
JACOBSON J
5 APRIL 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1551 OF 2006
IN THE MATTER OF ALLSTATE EXPLORATIONS NL (SUBJECT TO DEED OF COMPANY ARRANGEMENT) ACN 000 679 023 BETWEEN: SIMON EVANS & KATHRYN EVANS AS TRUSTEE OF THE KAMIYACHO SUPERANNUATION FUND
Applicants
AND: BANK OF WESTERN AUSTRALIA LIMITED
First Respondent
Garry Trevor
Second Respondent
JUDGE: JACOBSON J
DATE OF ORDER: 5 APRIL 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. There be no order as to costs in respect of Mr Garry Trevor and the Bank of Western Australia Limited. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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