Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Gas2Grid Limited, in the matter of Gas2Grid Limited (No 2) [2010] FCA 1006 Citation: Gas2Grid Limited, in the matter of Gas2Grid Limited (No 2) [2010] FCA 1006
Parties: GAS2GRID LIMITED
File number: NSD 1372 of 2009
Judge: STONE J
Date of judgment: 16 September 2010
Catchwords: COSTS – scheme of arrangement – application for legal costs incurred by objector to scheme – objector not a party to proceeding – scheme of arrangement terminated prior to second scheme hearing – whether causal nexus exists between objections made and termination of scheme
Legislation: Federal Court of Australia Act 1976 (Cth) s 43 Corporations Act 2001 (Cth) s 411(1)
Cases cited: Re NRMA Insurance Ltd (2000) 33 ACSR 595 Gas2Grid Limited [2010] FCA 10
Date of hearing: 13 April 2010
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 28
Counsel for the Plaintiff: M Oakes SC
Solicitor for the Plaintiff: Piper Alderman Lawyers
Counsel for Octanex NL: A A D'Arcy
Solicitor for Octanex NL: Minter Ellison Lawyers
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION NSD 1372 of 2009
IN THE MATTER OF GAS2GRID LIMITED GAS2GRID LIMITED
Plaintiff
JUDGE: STONE J
DATE OF ORDER: 16 SEPTEMBER 2010
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The notice of motion filed on 10 March 2010 by Octanex NL is dismissed. 2. The application filed by the plaintiff on 30 November 2009 is dismissed. 3. There be no order as to the costs of the plaintiff or Octanex NL. 4. Order 2 above is stayed until 1 pm on Friday 17September 2010. 5. Gas2Grid Limited has leave to file any submissions as to a variation of Order 2 above by no later than 4 pm on Thursday 16 September 2010. 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 Federal Law Search on the Court's website.
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