Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yang v American International Assurance Company (Australia) Limited (No. 3) [2008] FCA 1776
JUN YANG and AULIAN ENTERPRISE PTY LIMITED v AMERICAN INTERNATIONAL ASSURANCE COMPANY (AUSTRALIA) LIMITED
NSD 97 of 2005
COWDROY J
26 NOVEMBER 2008
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 97 of 2005
BETWEEN: JUN YANG
First Applicant
AULIAN ENTERPRISE PTY LIMITED
Second Applicant
AND: AMERICAN INTERNATIONAL ASSURANCE COMPANY (AUSTRALIA) LIMITED
Respondent
JUDGE: COWDROY J
DATE OF ORDER: 26 NOVEMBER 2008
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The claim of the Respondent for an award of costs be referred to the Registrar for assessment. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 97 of 2005
BETWEEN: JUN YANG
First Applicant
AULIAN ENTERPRISE PTY LIMITED
Second Applicant
AND: AMERICAN INTERNATIONAL ASSURANCE COMPANY (AUSTRALIA) LIMITED
Respondent
JUDGE: COWDROY J
DATE: 26 NOVEMBER 2008
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 By notice of motion filed on 3 November 2008 the respondent, American International Assurance Company (Australia) Limited ('AIA'), seeks an order for costs in the sum of $268,888 pursuant to O 62 r 4(2)(c) of the Federal Court Rules (Cth) ('the Rules') against the applicants, Mr Yang and Aulian Enterprise Pty Limited ('Aulian'). 2 By amended notice of motion filed in Court on 26 November 2008 the amount claimed for costs was adjusted to $268,138. 3 Order 62 rule 4(2)(c) of the Rules provides: (2) Where the Court orders that costs be paid to any person, the Court may further order that as to the whole or any part of the costs specified in the order, instead of taxed costs, that person shall be entitled to:
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