Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ren Nominees Pty Ltd v MS Cognosis Pty Limited (No 1) [2013] FCA 916 Citation: Ren Nominees Pty Ltd v MS Cognosis Pty Limited (No 1) [2013] FCA 916
Parties: REN NOMINEES PTY LTD ACN 107 278 384 v MS COGNOSIS PTY LIMITED ACN 122 369 920 and ALEXANDER MCINTYRE STEWART KENNEDY
File number: NSD 330 of 2013
Judge: PERRAM J
Date of judgment: 11 September 2013
Catchwords: PRACTICE AND PROCEDURE – Costs – Principles governing exercise of costs discretion – Whether respondent should pay applicant's costs of the proceedings – Proceeding ending without hearing – Whether opposition to proceedings was reasonable
Legislation: Corporations Act 2001 (Cth) ss 461(1)(e), 461(1)(f), 461(1)(g), 466(2), 532(9) Federal Court of Australia Act 1976 (Cth) s 43(2) Federal Court (Corporations Rules) 2000 (Cth) r 5.5 Law Society of New South Wales, Revised Professional Conduct and Practice Rules 1995 (Solicitors' Rules)
Cases cited: Garrard (T/AS Arthur Anderson & Co) v Email Furniture Pty Ltd (1993) 32 NSWLR 662 cited Kennedy v Noun [2013] NSWCA 129 cited Noun v Pavey [2012] NSWSC 1644 cited One.Tel Ltd v Commissioner of Taxation (2000) 101 FCR 548 cited Re Minister for Immigration & Ethnic Affairs; Ex parte Lai Qin (1997) 186 CLR 622 cited
Date of hearing: 23 July 2013
Place: Sydney
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