Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ann Street Mezzanine Pty Ltd v Beck [2011] FCA 1328 Citation: Ann Street Mezzanine Pty Ltd v Beck [2011] FCA 1328
Parties: ANN STREET MEZZANINE PTY LTD (IN LIQUIDATION) (ACN 102 854 866) v CEDRIC RICHARD PALMER BECK & ORS (ACCORDING TO ATTACHED SCHEDULE); NORMAN PHILLIP CAREY & ORS (ACCORDING TO ATTACHED SCHEDULE); FREEHILLS and AUSTRALIAN SECURITIES AND INVESTMENTS COMMISSION
File number: VID 485 of 2008
Judge: KENNY J
Date of judgment: 18 November 2011
Catchwords: PRACTICE AND PROCEDURE – application to set aside a subpoena – interlocutory application refused – costs – whether applicant's costs of application should be borne by issuing party – Rule 24.22 of the Federal Court Rules 2011 inapplicable in the present case – no justification to depart from usual rule as to costs – applicant to pay respondent's costs
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: A Pty Ltd v Z [2007] NSWSC 999 Darcey v Pre-Term Foundation Clinic [1983] 2 NSWLR 497 R v Barbaro (1992) 108 ACTR 1 Re Bauhaus Pyrmont Pty Ltd (in liq) (2006) 67 NSWLR 289 Ann Street Mezzanine Pty Ltd v Beck [2011] FCA 1304
Date of submissions: 15 & 16 November 2011
Place: Melbourne
Division: GENERAL DIVISION
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