Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Australian Trade Commission v Isaac Jewellery Pty Ltd (No. 2) [2009] FCA 218 PRACTICE AND PROCEDURE – Costs – whether costs order should be made in favour of successful applicant – whether special circumstances existed PRACTICE AND PROCEDURE – Costs Certificate – costs of unsuccessful respondent – circumstances in which certificate should be given Export Market Development Grants Act 1997 (Cth) ss 94(1)(b)(i), 94(1)(b)(ii) Export Market Development Grants (Change in Ownership of Business) Guidelines 2006 (Cth) Federal Court of Australia Act 1976 (Cth) s 43 Federal Proceedings (Costs) Act 1981 (Cth) ss 3, 6 Local Government Act 1919
Acerose Pty Ltd v Workcover Authority of New South Wales (unreported, Sup Ct, NSW, Carruthers AJ, 30 July 1998) distinguished Attrill and Others v Richmond River Shire Council (1995) 38 NSWLR 545 distinguished Australian Trade Commission v Isaac Jewellery Pty Ltd [2009] FCA 37 cited Bullock and Others v Federated Furnishing Trades Society of Australasia and Others (No 2) (1985) 5 FCR 476 referred to Cretazzo v Lombardi (1975) 13 SASR 4 referred to Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 referred to Independent Commission Against Corruption v Cripps and Anor (unreported, Sup Ct, NSW, Sully J, 27 August 1996) distinguished Latoudis v Casey (1990) 170 CLR 534 referred to Oshlack v Richmond River Council (1998) 193 CLR 72 cited Repatriation Commission v Cornelius (2002) 69 ALD 250 followed Repatriation Commission v Milenz [2007] FCA 50 followed Re Mersey Railway Co (1888) 37 Ch D 610 referred to Ruddock and Others v Vadarlis and Others (No 2) (2001) 115 FCR 229 referred to The Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources and Another (2007) 98 ALD 651 cited Wilderness Society Inc v Turnbull, Minister for the Environment and Water Resources and Another (2008) 101 ALD 1 cited AUSTRALIAN TRADE COMMISSION v ISAAC JEWELLERY PTY LTD
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