Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Tadros v J & R Investment Services Pty Ltd (No 2) [2008] FCA 832
PRACTICE AND PROCEDURE – statement of claim struck out pursuant to earlier consent orders for non compliance with orders – application for costs by the respondents – respondents in breach of orders and in default – further evidence not admitted – costs sought on an indemnity basis and against solicitor personally – costs ordered on a party/party basis only
Jurisdiction of Courts (Cross-Vesting) Act 1987 (Cth) s 5 Federal Court of Australia Act 1976 (Cth) s 31A Federal Court Rules O 35A, O 62 r 3(1) Trade Practices Act 1974 (Cth) s 86A Cirillo v Consolidated Press Property Ltd (No 2) [2007] FCA 179 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 De Sousa v Minister for Immigration, Local Government and Ethnic Affairs(1993) 41 FCR 544 Hamod v New South Wales (2002) 188 ALR 659 ANTHONY TADROS v J & R INVESTMENT SERVICES PTY LTD, JOSEPH WAKIM, RITA WAKIM, BEN AHNNAN, SAYED EL-HAWACHE T/AS SID HAWACH & ASSOCIATES and JAMES JOSEPH LAHOOD
NSD 1924 OF 2006
BUCHANAN J
3 JUNE 2008
SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1924 OF 2006
BETWEEN: ANTHONY TADROS
Applicant
AND: J & R INVESTMENT SERVICES PTY LTD
First Respondent
JOSEPH WAKIM
Second Respondent
RITA WAKIM
Third Respondent
BEN AHNNAN
Fourth Respondent
SAYED EL-HAWACHE T/AS SID HAWACH & ASSOCIATES
Fifth Respondent
JAMES JOSEPH LAHOOD
Sixth Respondent
JUDGE: BUCHANAN J
DATE OF ORDER: 3 JUNE 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The application filed on 3 October 2006 is dismissed pursuant to s 31A of the Federal Court of Australia Act 1976 (Cth). 2. The applicant pay the costs of the first to fourth and sixth respondents (excluding costs in relation to a notice of motion to strike out filed by the first to fourth respondents on 24 August 2007) on a party/party basis as taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA
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