Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Securities and Investments Commission v Mining Projects Group Limited (No 3) [2008] FCA 952
COSTS – application for costs of interlocutory applications to be made payable forthwith – Federal Court Rules O 62 r 3 – defendants made late filings of affidavit material causing vacation of trial date – costs thrown away – final judgment not "far away" – not appropriate that costs be payable forthwith.
Corporations Act 2001 (Cth) Evidence Act 1995 (Cth) Federal Court Rules O 62 r 3 ACCC v J McPhee & Son (Australia) Pty Ltd (1997) 77 FCR 217 cited ACCC v Eurong Beach Resort Ltd [2005] FCA 1134 cited Allstate Life Insurance Co v Australia & New Zealand Banking Group Limited (No.14) (Federal Court of Australia, 18 August 1995, unreported) applied Australian Securities and Investments Commission v Mining Projects Group Ltd (2007) 164 FCR 32 applied Australian Securities and Investments Commission v Mining Projects Group Ltd (No 2) [2008] FCA 951 Chief Executive Officer of Customs v Camile Trading Pty Ltd (2004) 58 ATR 163 Life Airbag Company of Australia Pty Ltd v Life Airbag Company (New Zealand) Ltd (Federal Court of Australia, 22 May 1998, unreported) applied McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 cited Microsoft Corporation v CX Computer Pty Ltd (2002) 116 FCR 372 applied Trade Practices Commission v Abbco Iceworks Pty Ltd (1994) 52 FCR 96 followed
AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION v MINING PROJECTS GROUP LIMITED (ACN 006 189 331), BRYAN JOHN FROST and RICHARD REVELINS
VID 8 of 2007
GORDON J
24 JUNE 2008
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 8 of 2007
BETWEEN: AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
Plaintiff
AND: MINING PROJECTS GROUP LIMITED (ACN 006 189 331)
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