Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Smart Company Pty Ltd v Clipsal Australia Pty Ltd [2008] FCA 1008
PRACTICE AND PROCEDURE – where application by the respondents for leave to have costs taxed forthwith pursuant to O 62 r 3 – where making of such an order is exceptional – whether in the interests of justice to make such an order – where applicant has filed a fourth further amended statement of claim – where the thrust of the applicant's case has not significantly changed – application dismissed.
Federal Court Rules 1979 (Cth) O 62 r 3 Thunderdome Racetiming and Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297cited Latoudis v Casey (1990) 170 CLR 534cited Ohn v Walton (1995) 36 NSWLR 77 cited Kingscote District Council v Kangaroo Island Eco Action Inc (No 2) (1996) 67 SASR 422 cited All Services Australia Pty Ltd v Telstra Corporation Ltd (2000) 171 ALR 330 considered Murran Investments Pty Ltd v Aromatic Beauty Products Pty Ltd (2000) 191 ALR 579considered Australian Securities and Investments Commission v Mining Projects Group Limited (No 3) [2008] FCA 952 cited THE SMART COMPANY PTY LTD ACN 061 975 344 v CLIPSAL AUSTRALIA PTY LTD ACN 007 873 529, CLIPSAL INTEGRATED SYSTEMS PTY LTD ACN 089 444 931 and CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD ACN 007 824 231
WAD 132 of 2004
LANDER J
3 July 2008
ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY WAD 132 of 2004
BETWEEN: THE SMART COMPANY PTY LTD
ACN 061 975 344
Applicant
AND: CLIPSAL AUSTRALIA PTY LTD
ACN 007 873 529
First Respondent
CLIPSAL INTEGRATED SYSTEMS PTY LTD
ACN 089 444 931
Second Respondent
CLIPSAL TECHNOLOGIES AUSTRALIA PTY LTD
ACN 007 824 231
Third Respondent
JUDGE: LANDER J
DATE OF ORDER: 3 July 2008
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