Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mondello v Mondello Farms Pty Ltd [2012] FCA 1062 Citation: Mondello v Mondello Farms Pty Ltd [2012] FCA 1062
Parties: GUISEPPE ANGELO MONDELLO v MONDELLO FARMS PTY LTD ACN 066 901 844, BFG ENTERPRISES PTY LTD ACN 106 868 996, BFG INVESTMENTS PTY LTD ACN 067 925 562, BRIGHT HARVEST SEED COMPANY PTY LTD ACN 103 483 165, GBFG MARKETING PTY LTD ACN 102 903 784, THE TRANSPORT COMPANY PTY LTD ACN 121 749 611 and MIWAY PTY LTD ACN 088 265 034
File number: SAD 37 of 2012
Judge: BESANKO J
Date of judgment: 27 September 2012
Catchwords: PRACTICE AND PROCEDURE – Costs – exercise of discretion in absence of hearing on merits – where no final orders made. Held: There should be no order as to costs.
Legislation: Corporations Act 2001 (Cth) ss 247A, 198F, 290 Federal Court of Australia Act 1976 (Cth) s 37M, s 37N Trustee Act 1936 (SA) s 84B
Cases cited: Australian Securities Commission v Aust Home Investments Ltd & Ors (1993) 116 ALR 523, cited Gribbles Pathology Pty Ltd v Health Insurance Commission & Ors (1997) 80 FCR 284, cited
Date of hearing: Heard on the papers
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 24
Counsel for the Plaintiff: Mr M Douglas
Solicitor for the Plaintiff: Arnold Bloch Leibler
Counsel for the Defendants: Ms M Hamlyn
Solicitor for the Defendants: Minter Ellison
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 37 of 2012
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