Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Seafolly Pty Ltd v Madden (No 3) [2013] FCA 316 Citation: Seafolly Pty Ltd v Madden (No 3) [2013] FCA 316
Parties: SEAFOLLY PTY LTD (ACN 001 537 748) v LEAH MADDEN
File number: VID 764 of 2010
Judge: TRACEY J
Date of judgment: 9 April 2013
Catchwords: COSTS – Application for lump sum costs order – application for stay pending hearing and determination of appeal – whether proper foundation for acceding to application for stay – unnecessary to resolve application for fixing of lump sum
Legislation: Bankruptcy Act 1966 (Cth) Federal Court Rules 2011 (Cth)
Cases cited: ACCC v BMW (Aust) Limited (No 2) [2003] FCA 864 – referred to Alexander v Cambridge Credit Corp Ltd (Receivers Appointed) (1985) 2 NSWLR 685 - applied Momentum Productions Pty Ltd v Lewarne [2007] FCA 1988 – referred to Powerflex Services Pty Ltd v Data Access Corporation (1996) 67 FCR 65 – referred to Premier Pet Pty Ltd v Brown [2013] FCA 17 – referred to Seafolly Pty Ltd v Madden (No 2) [2013] FCA 46 – referred to Seafolly Pty Ltd v Madden [2012] FCA 1346 – referred to
Date of hearing: 9 April 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 32
Counsel for the Applicant: Mr E J C Heerey
Solicitor for the Applicant: K & L Gates
Counsel for the Respondent: Mr G S Clarke SC and Mr I P Horak
Solicitor for the Respondent: Phillips Ormonde Fitzpatrick Lawyers
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