Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
West v TWG Services Limited (No 2) [2010] FCA 1069
Citation: West v TWG Services Limited (No 2) [2010] FCA 1069
Parties: COLIN WEST v TWG SERVICES LIMITED
File number: VID 1073 of 2008
Judge: GRAY J
Date of judgment: 3 September 2010
Catchwords: COSTS – amendment – second amendment of application and statement of claim before service – whether costs application for leave to amend should be costs in the cause or reserved – normal rule that party amending pays costs thrown away – whether order should be made that has potential to visit costs on respondent
COSTS – leave to service out of jurisdiction – whether costs of application should be costs in the cause – potential for application to set aside service – costs should be reserved
Legislation: Companies Act 2006 (UK) s 1139(1) Federal Court Rules O 8 r 3(3), O 8 r 3(3)(b), O 8 r 3(3)(c)(ii)
Date of hearing: 3 September 2010
Place: Melbourne
Division: FAIR WORK DIVISION
Category: Catchwords
Number of paragraphs: 7
Counsel for the applicant: Mr S J Wood and Mr M Follett
Solicitor for the applicant: Harmers Workplace Lawyers
Counsel for the respondent: The respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
FAIR WORK DIVISION VID 1073 of 2008
BETWEEN: COLIN WEST
Applicant
AND: TWG SERVICES LIMITED
Respondent
JUDGE: GRAY J
DATE OF ORDER: 3 SEPTEMBER 2010
WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The applicant have leave further to amend the amended application in the form of the document marked exhibit FCW1 to the affidavit of Colin West, sworn on 5 August 2010.
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