Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 6) [2011] FCA 688 Citation: Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 6) [2011] FCA 688
Parties: OLIVAYLLE PTY LTD (ACN 080 670 640) (ADMINISTRATORS APPOINTED) v FLOTTWEG AG (FORMERLY FLOTTWEG GMBH & CO KGAA) (ABN 95 101 547 424)
File number: SAD 261 of 2006
Judge: LOGAN J
Date of judgment: 17 June 2011
Catchwords: COSTS – application to fix costs in a gross sum – where costs already awarded to successful party – where case involved complex points of law and fact – where unsuccessful party in administration – where amounts determined by costs assessor were inherently reasonable – costs fixed in gross sum
Legislation: Corporations Act 2001 (Cth) s 440D, Pt 5.3A Judiciary Act 1903 (Cth) s 55B Trade Practices Act 1974 (Cth) s 52 Federal Court Rules O 62 r 3(1), O 62 r 4(2)(c), O 62 r 19
Cases cited: Beach Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 applied Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA [2010] FCAFC 62 cited Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 4) (2009) 255 ALR 632 cited Olivaylle Pty Ltd v Flottweg GMBH & Co KGAA (No 5) [2009] FCA 571 cited Seven Network Limited v News Limited [2007] FCA 2059 applied Wide Bay Conservation Council Inc v Burnett Water Pty Ltd (No 9) [2011] FCA 661 applied
Date of hearing: 28 March 2011
Place: Brisbane (via videolink to Adelaide and Sydney)
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