Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Windsor v Sydney Medical Service Co-Operative Ltd [2010] FCA 599 Citation: Windsor v Sydney Medical Service Co-Operative Ltd [2010] FCA 599
Appeal from: Application for leave to appeal: Windsor v Sydney Medical Service Co-Operative Ltd (No 3) [2010] FCA 364
Parties: GINA NICOLE WINDSOR v SYDNEY MEDICAL SERVICE CO-OPERATIVE LIMITED
File number: NSD 460 of 2010
Judge: BENNETT J
Date of judgment: 11 June 2010
Catchwords: PRACTICE AND PROCEDURE – costs – applicant's original pleadings were struck out and applicant was ordered to pay costs of the strike out motion – respondent's costs were taxed and applicant paid the costs voluntarily – applicant later filed amended pleadings and successfully resisted motion for summary judgment – primary Judge acknowledged that he applied impermissible criteria in original strike out application and should not have struck out original pleadings – primary Judge declined to set aside the original strike out order and costs order due to no utility – primary Judge declined to set aside certificate of taxation or order the repayment of costs – application for leave to appeal interlocutory judgment – whether any error in the exercise of discretion – whether substantial injustice will be suffered
Legislation: Federal Court Rules O 62 r 3(3)
Cases cited: Décor Corporation Pty Ltd v Dart Industries Inc (1991) 33 FCR 397 applied House v the King (1936) 66 CLR 499 cited
Date of hearing: 11 June 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
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