Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Yara Australia Pty Ltd v Oswal [2010] FCA 1425 Citation: Yara Australia Pty Ltd v Oswal [2010] FCA 1425
Parties: YARA AUSTRALIA PTY LTD ACN 076 301 221 v PANKAJ OSWAL and BURRUP HOLDINGS LIMITED ACN 097 138 353
File number: WAD 258 of 2010
Judge: MCKERRACHER J
Date of judgment: 17 December 2010
Catchwords: COSTS – declaratory relief not awarded
Legislation: Corporations Act 2001 (Cth) ss 249H(1), 249L(3)
Cases cited: Aussie Airlines Pty Ltd v Australian Airlines Ltd (1996) 68 FCR 406 Bass v Permanent Trustee Company Ltd (1999) 198 CLR 334
Date of last submissions: 14 October 2010
Place: Perth
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 15
Solicitor for the Applicant: D Benson of Clayton Utz
Solicitor for the First Respondent: MC Hotchkin of Hotchkin Hanly
IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 258 of 2010
BETWEEN: YARA AUSTRALIA PTY LTD ACN 076 301 221
Applicant
AND: PANKAJ OSWAL
First Respondent
BURRUP HOLDINGS LIMITED ACN 097 138 353
Second Respondent
JUDGE: MCKERRACHER J DATE OF ORDER: 17 December 2010 WHERE MADE: PERTH
THE COURT ORDERS THAT:
1. The first respondent is to pay the applicant's costs of the proceeding to be taxed or agreed. 2. The proceeding be otherwise dismissed. 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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