Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Shearpond Pty Ltd v Atune Financial Solutions Pty Ltd (No 2) [2013] FCA 716 Citation: Shearpond Pty Ltd v Atune Financial Solutions Pty Ltd (No 2) [2013] FCA 716
Parties: SHEARPOND PTY LTD (ACN 089 271 116) v ATUNE FINANCIAL SOLUTIONS PTY LTD (ACN 092 987 329), AASPIRE PTY LTD (ACN 125 151 779) and LINK ADMINISTRATION HOLDINGS PTY LTD (ABN 27 120 964 098)
File number: VID 254 of 2013
Judge: JESSUP J
Date of judgment: 23 July 2013
Catchwords: COSTS – interlocutory application for preliminary determination of separate question dismissed by consent – application made on basis of erroneous assumption about net asset position of respondents – respondents failed to correct applicant's erroneous assumption prior to application being made – whether respondents should pay applicant's costs
Legislation: Federal Court of Australia Act 1976 (Cth) ss 37M, 37N
Cases cited: White v Overland [2001] FCA 1333
Date of hearing: 17 July 2013
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 21
Counsel for the Applicant: Mr M Lee SC with Mr A Strahan
Solicitor for the Applicant: Maurice Blackburn Commercial
Counsel for the Respondents: Mr P Brereton SC with Mr N De Young
Solicitor for the Respondents: Clayton Utz
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 254 of 2013
BETWEEN: SHEARPOND PTY LTD (ACN 089 271 116)
Applicant
AND: ATUNE FINANCIAL SOLUTIONS PTY LTD
(ACN 092 987 329)
First Respondent
AASPIRE PTY LTD (ACN 125 151 779)
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