Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCA 108 Citation: Julstar Pty Ltd v Hart Trading Pty Ltd [2014] FCA 108
Parties: JULSTAR PTY LTD (ACN 122 620 400), SEMOLINA PTY LTD (ACN 117 933 570), JULIANNE STARIHA v HART TRADING PTY LTD (ACN 114 806 996), COLLEEN TRACEY HART, FRONTLINE RECRUITMENT GROUP PTY LTD (ACN 078 126 851) and PETER JOHN DAVIS
File number(s): QUD 16 of 2011
Judge(s): GREENWOOD J
Date of judgment: 20 February 2014
Catchwords: COSTS – where offers to settle made by respondents –consideration of an application by each of the respondents for orders for costs against the applicants from a particular date on an indemnity costs basis – consideration of aspects of observations made in authorities of this Court on and from 2009 in relation to the operation of Order 23 which do not properly take account of the amendment to Order 23 effective from 2 August 2008 in introducing Order 23, r 11(6) of the Federal Court Rules 1979
Legislation: Federal Court of Australia Act 1976, ss 23, 43 and 59 Federal Court Rules 2011, Pt 25, r 25 Federal Court Rules 1979, Order 23, r 11(4), (5) and (6) Federal Court Rules Amendment Rules 2008 (No. 1), Select Legislative Instrument 2008, (No. 159)
Cases cited: Julstar Pty Ltd v Hart Trading Pty Ltd [2013] FCA 1359 – cited Kooee Communications Pty Ltd v Primus Telecommunications Pty Ltd (No 2) [2011] FCAFC 141 – cited Visscher v Teekay Shipping (Australia) Pty Ltd (No 5) [2013] FCA 28 – cited Hazeldene's Chicken Farm Pty Ltd v Victorian Workcover Authority (No 2) (2005) 13 VR 435 – cited Strategic Property Reservoir Pty Ltd v Condec Pty Ltd (No 2) [2013] VSC 29 – cited Australian Health & Nutrition Association Limited trading as Sanitarium Health Food Company v Irrewarra Estate Pty Limited trading as Irrewarra Sourdough (No 2) [2012] FCA 892 – cited Kazar v Kargarian (2011) 197 FCR 113 - cited Coshott v Learoyd [1999] FCA 276 – cited Seven Network Limited v News Limited (2007) 244 ALR 374; [2007] FCA 1489 - cited Calderbank v Calderbank [1975] 3 WLR 586 Berrigan Shire Council v Ballerini (No 2) [2006] VSCA 65 – cited Truenergy Pty Ltd v Dispute Resolution Panel (No 2) [2009] VSC 612 – cited IPEX ITG Pty Ltd (in liq) v State of Victoria (No 2). [2011] VSC 39 – cited Julstar v Hart Trading Pty Ltd [2011] FCA 657 - cited
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