Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Food Channel Network Pty Ltd v Television Food Network, G.P [2009] FCA 1446
PRACTICE AND PROCEDURE – application for an extension of time in which to file an application for leave to appeal indemnity costs order – whether there is a satisfactory explanation for the delay – whether there are sufficient prospects of success if leave were granted – whether there are 'special reasons' to justify the extension of time PRACTICE AND PROCEDURE – indemnity costs order as a result of a Court ordered mediation being abandoned – whether the Court has the power to order one party pay the costs of the other party in these circumstances Federal Court of Australia Act 1976 (Cth), s 24(1A) Federal Court Rules, O 52 r 10, O 52 r 10(2A), O 52 r 15(2) Freedom of Information Act 1982 (Cth) Sharman License Holdings Ltd v Universal Music Australia Pty Ltd [2005] FCA 802 Food Channel Network Pty Ltd v Television Food Network G.P [2009] FCA 1445 SZJFC v Minister for Immigration and Citizenship [2009] FCA 1322 Jackamarra v Krakouer (1998) 195 CLR 516 House v The King (1936) 55 CLR 499 Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Wu v Avin Operations Pty Ltd (No 2) [2006] FCA 792 FOOD CHANNEL NETWORK PTY LTD ACN 079 015 339 v TELEVISION FOOD NETWORK, G.P
QUD 132 of 2009
REEVES J
4 december 2009
BRISBANE IN THE FEDERAL COURT OF AUSTRALIA
QUEENSLAND DISTRICT REGISTRY
GENERAL DIVISION QUD 132 of 2009
BETWEEN: FOOD CHANNEL NETWORK PTY LTD ACN 079 015 339
Applicant
AND: TELEVISION FOOD NETWORK, G.P
Respondent
JUDGE: REEVES J
DATE OF ORDER: 4 december 2009
WHERE MADE: BRISBANE
THE COURT ORDERS THAT:
1. The applicant be granted an extension of time to 5 June 2009 in which to file its application for leave to appeal the interlocutory judgment delivered 5 February 2008. 2. The applicant be granted leave to appeal the interlocutory judgment delivered on 5 February 2008.
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