Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Offstage Support Association Inc v Time of My Life Pty Ltd (No 2) [2011] FCA 1183 Citation: Offstage Support Association Inc v Time of My Life Pty Ltd (No 2) [2011] FCA 1183
Parties: OFFSTAGE SUPPORT ASSOCIATION INC INC 9894945 v TIME OF MY LIFE PTY LTD ACN 107 898 966
File number: NSD 325 of 2011
Judge: EDMONDS J
Date of judgment: 20 October 2011
Catchwords: COSTS – application for costs order against non-parties and solicitor acting for plaintiff on indemnity basis – substantive application dismissed on various grounds including abuse of process – finding on costs application that substantive application not brought to wind up defendant but for collateral purpose Held: non-parties and solicitor to pay defendant's costs of the proceeding on an indemnity basis
Legislation: Corporations Act 2001 (Cth) Federal Court of Australia Act 1976 (Cth) Evidence Act 1995 (Cth and NSW) Federal Court Rules 1979
Cases cited: Consolidated Byrnes Holdings Ltd v Hardel Investments Pty Ltd (2009) 176 FCR 348 cited Eat Media Pty Ltd v Mulready Media Pty Ltd [2009] FCA 1058 applied Fortuna Holdings Pty Ltd v Deputy Commissioner of Taxation (Cth) [1978] VR 83 cited Gore and Ors (trading as Clayton Utz) v Justice Corporation Pty Ltd (2002) 119 FCR 429 applied Kebaro Pty Ltd v Saunders [2003] FCAFC 5 applied Knight v F.P. Special Assets Ltd (1992) 174 CLR 178 applied Lemoto v Able Technical Pty Ltd & Ors (2005) 63 NSWLR 300 cited Naomi Marble & Granite Pty Ltd v FAI General Insurance Company Ltd (No 2) [1999] 1 Qd R 518 applied Plante v James [2011] QCA 169 applied Van Der Lee v State of New South Wales [2002] NSWCA 286 cited White Industries (Qld) Pty Ltd v Flower & Hart (a firm) (1998) 156 ALR 169 applied
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