Duus v Dalvella Pty Ltd (No. 2) [2008] FCA 187

FEDERAL COURT OF AUSTRALIA

Duus v Dalvella Pty Ltd (No. 2) [2008] FCA 187 PRACTICE AND PROCEDURE – consideration of an application for an order in relation to costs pursuant to order 62, rule 3 of the Federal Court Rules Federal Court Rules, Order 62, Rule 3 ROSS ANDREW DUUS AND DAVID JOHN CRANSTOUN v DALVELLA PTY LTD ACN 076 620 409 (IN ITS CAPACITY AS TRUSTEE FOR THE CLIFFSIDE TRUST) AND DONEMATE PTY LTD ACN 076 620 454 (IN ITS CAPACITY AS TRUSTEE FOR THE KINGS BEACH TRUST) QUD 28 OF 2007

GREENWOOD J

23 january 2008

BRISBANE IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 28 OF 2007

BETWEEN: ROSS ANDREW DUUS

First Applicant

DAVID JOHN CRANSTOUN

Second Applicant

AND: DALVELLA PTY LTD (ACN 076 620 409) (IN ITS CAPACITY AS TRUSTEE FOR THE CLIFFSIDE TRUST)

First Respondent

DONEMATE PTY LTD (ACN 076 620 454) (IN ITS CAPACITY AS TRUSTEE FOR THE KINGS BEACH TRUST)

Second Respondent

JUDGE: GREENWOOD J

DATE OF ORDER: 23 JANUary 2008

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Leave be given to the first and second applicants to deliver and tax a bill of costs in relation to the costs the subject of order 2 of the orders of the Court made on 23 January 2008, notwithstanding that the principal proceeding is not concluded and the respondents in the proceeding shall pay those costs either determined by taxation or by agreement forthwith upon taxation or agreement notwithstanding that the principal proceeding is not concluded. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QUD 28 OF 2007

BETWEEN: ROSS ANDREW DUUS

First Applicant

DAVID JOHN CRANSTOUN

Second Applicant