Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Barrett Property Group Ltd v Metricon Homes Pty Ltd (No 2) [2007] FCA 1823
COSTS – indemnity costs – misconduct of respondents – undue prolongation of defence. COSTS – time for taxation of costs – departure from general rule in Federal Court Rules Order 62 r 3(3) – time for payment of costs – O 62 r 3(2) – costs to be paid forthwith. ORDERS – stay of orders for taxation and payment of costs pending disposition of application for leave to appeal and any appeal. Copyright Act 1968 (Cth) Trade Practices Act 1974 (Cth)
Access For All Alliance (Hervey Bay) Inc v Hervey Bay City Council [2007] FCA 974 applied Allstate Life Insurance Co v ANZ Banking Group Ltd [1995] FCA 660 referred to Barrett v Metricon [2007] FCA 1509 referred to Cirillo v Consolidated Press Property Ltd (No 2) [2007] FCA 179 cited Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 applied Compagnie Industrielle de Precontrainte et D'Equipment des Constructions SA v First Melbourne Securities Pty Ltd [1999] FCA 660 discussed Courtney v Medtel Pty Limited (No 3) [2004] FCA 347 referred to Dias Aluminium Products Pty Ltd v Ullrich Aluminium Pty Ltd (No 2) [2005] FCA 1400 referred to Ian Duncan v Secretary, Department of Family and Community Services [2007] FCA 507 referred to Dunstan v Orr [2007] FCA 873 referred to Hamod v New South Wales (2002) 188 ALR 659 cited Hurst and Devlin v Education Queensland (No 2) [2005] FCA 793 cited Jianshe Southern Pty Ltd v Turnbull Cooktown Pty Ltd (No 2) [2007] FCA 903 referred to John S Hayes & Associates Pty Limited v Kimberley-Clarke Australia Pty Limited (1994) 52 FCR 210 referred to Life Airbag Co of Australia Pty Ltd v Life Airbag Co (New Zealand) Ltd [1998] FCA 545 referred to McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 referred to Pacific Publications Pty Ltd v Next Publishing Pty Ltd [2005] FCA 971 applied Readymix Holdings International Pte Ltd v Wieland Process Equipment Pty Ltd [2006] FCA 1297 referred to Re Wilcox; ex parte Ventura Industries Pty Ltd (No 2) (1996) 72 FCR 152 applied Trumpet Software Pty Ltd v OzEmail Pty Ltd [1996] FCA 560 discussedUnited Insurance Advisers Pty Ltd v United Insurance Advisers (National) Pty Ltd [2006] FCA 440 cited Universal Music Australia Pty Ltd v Cooper [2005] FCA 1878 discussed Anthony Vasyli v AOL International Pty Limited [1996] FCA 804 referred to Walker v Citygroup Global Markets Pty Ltd [2005] FCA 1866 referred to Yap v Granich & Associates [2001] FCA 1735 cited BARRETT PROPERTY GROUP PTY LTD (ACN 088 015 267) AND SRS PROPERTY GROUP PTY LTD v METRICON HOMES PTY LTD (ACN 005 108 752), ROSS PALAZZESI AND ADRIAN POPPLE VID 833 OF 2005
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