Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Pacific Boating Group Pty Ltd v Freedom Boating Club Pty Ltd [2012] FCA 72 Citation: Pacific Boating Group Pty Ltd v Freedom Boating Club Pty Ltd [2012] FCA 72
Parties: PACIFIC BOATING GROUP PTY LTD (ACN 117 497 364) v FREEDOM BOATING CLUB PTY LTD (ACN 141 873 547) and DELWYN CLARK
File number: NSD 1158 of 2011
Judge: FOSTER J
Date of judgment: 8 February 2012
Catchwords: PRACTICE AND PROCEDURE – whether judgment in default of compliance with orders of the Court should be ordered pursuant to the Federal Court Rules 2011 – relevant principles discussed – whether costs should be paid on an indemnity or party/party basis in light of a Calderbank offer made by the applicant
Legislation: Australian Consumer Law, ss 18, 20 and 29 Federal Court Rules 2011, r 1.32 and r 5.23(2)
Cases cited: ACOHS Pty Ltd v Ucorp Pty Ltd [2009] FCA 577 followed Speedo Holdings BV v Evans (No 2) [2011] FCA 1227 followed
Date of hearing: 8 February 2012
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 33
Counsel for the Applicant: Mr MJ Heath
Solicitor for the Applicant: MWA Lawyers Pty Limited
Counsel for the Respondents: The Respondents did not appear
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 1158 of 2011
BETWEEN: PACIFIC BOATING GROUP PTY LTD (ACN 117 497 364)
Applicant
AND: FREEDOM BOATING CLUB PTY LTD (ACN 141 873 547)
First Respondent
DELWYN CLARK
Second Respondent
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