Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Bird v McComb (No 4) [2012] FCA 270 Citation: Bird v McComb (No 4) [2012] FCA 270
Parties: SUZANNE CHRISTINE BIRD v JOHN EDMUND MCCOMB, BRIMIN GEM PTY LTD (ACN 056 330 333), SCB HOLDINGS PTY LTD (ACN 085 917 371), CARRIAGES PTY LTD (ACN 063 116 852), NEWTOUN PTY LTD (ACN 006 858 788) and AUSTRAL PACIFIC QUEENSLAND PTY LTD AS TRUSTEE OF THE BM FAMILY TRUST
File number: QUD 10 of 2011
Judge: COLLIER J
Date of judgment: 22 March 2012
Catchwords: PRACTICE AND PROCEDURE – compromise of proceedings – settlement agreement entered into by parties – breach of settlement agreement by defendants – parties to proceeding same as parties to settlement agreement – previous order of Court granting liberty to apply – plaintiff seeks orders for judgment in proceeding – r 26.01(1) Federal Court Rules 2011 – jurisdiction of Court to determine claim pursuant to s 22 Federal Court of Australia Act 1976 (Cth) – reasonable avenues of recovery – interest payable pursuant s 51A and s 52 Federal Court of Australia Act 1976 (Cth) – indemnity costs – s 43 Federal Court of Australia Act 1976 (Cth) – special or unusual feature in case justifying Court exercising discretion
Legislation: Federal Court of Australia Act 1976 (Cth) ss 22, 43, 51A, 52 Federal Court Rules 2011 rr 4.01(2), 26.01(1)(e)
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