Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Strazdins, in the matter of DNPW Pty Ltd (subject to DOCA) ACN 107 484 711 v Birch Carroll & Coyle Limited (No 3) [2009] FCA 1410
COSTS – Corporations Act 2001 (Cth) s 444F – application to restrain an owner or lessor from exercising right to take possession or otherwise recover property – Court's discretion in the award of costs of the application – no order for costs made. Conveyancing Act 1919 (NSW) s 128 Corporations Act 2001 (Cth) ss 440C, 440D, 441D, 444F, 446F Federal Court of Australia Act 1976 (Cth) s 43 Law of Property Act 2000 (NT) Fekala Pty Ltd v Cenbond Pty Ltd [2001] NSWSC 340 distinguished Hayes v Gunbola Pty Ltd (1986) 4 BPR 9247cited Howard v Fanshawe [1895] 2 Ch D 581cited Langley v Foster (1909) 10 SR (NSW) 54 cited Latoudis v Casey (1990) 170 CLR 534cited Oshlack v Richmond River Council (1998) 193 CLR 72 cited
ANDREJS JANIS STRAZDINS & NICHOLAS DAVID COOPER IN THEIR CAPACITY AS JOINT AND SEVERAL DEED ADMINISTRATORS OF DNPW PTY LTD (SUBJECT TO DOCA) ACN 107 484 711 and DNPW PTY LTD (SUBJECT TO DOCA) ACN 107 484 711 v BIRCH CARROLL & COYLE LIMITED ACN 990 659 643
SAD 170 of 2008
LANDER J
1 DECEMBER 2009
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY
GENERAL DIVISION SAD 170 of 2008
IN THE MATTER OF DNPW PTY LTD (SUBJECT TO DOCA) ACN 107 484 711 BETWEEN: ANDREJS JANIS STRAZDINS & NICHOLAS DAVID COOPER IN THEIR CAPACITY AS JOINT AND SEVERAL DEED ADMINISTRATORS OF DNPW PTY LTD (SUBJECT TO DOCA) ACN 107 484 711
First Applicant
DNPW PTY LTD (SUBJECT TO DOCA) ACN 107 484 711
Second Applicant
AND: BIRCH CARROLL & COYLE LIMITED ACN 990 659 643
Respondent
JUDGE: LANDER J
DATE OF ORDER: 1 DECEMBER 2009
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. There will be no order as to costs.
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