Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
NASAA Certified Organic Pty Ltd v Ayhan [2014] FCA 940 Citation: NASAA Certified Organic Pty Ltd v Ayhan [2014] FCA 940
Parties: NASAA CERTIFIED ORGANIC PTY LTD v ZENO AYHAN and DURAN AYHAN
File number(s): SAD 130 of 2014
Judge(s): WHITE J
Date of judgment: 25 August 2014
Catchwords: PRACTICE AND PROCEDURE – costs – application for costs of interlocutory application by party contemplating discontinuing proceedings – consideration of factors bearing on exercise of Court's discretion to award costs of interlocutory application before disposal of substantive proceedings – intentions of applicant unclear with respect to proceedings generally – application refused
Legislation: Federal Court Rules 2011 (Cth) rr 2.25, 26.12
Cases cited: Australian Securities Commission v Aust-Home Investments Ltd (1993) 116 ALR 523 Fiduciary Ltd v Morningstar Research Pty Ltd [2002] NSWSC 432
Date of hearing: 25 August 2014
Place: Adelaide
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 29
Counsel for the Applicant: Mr R Ross-Smith
Solicitor for the Applicant: Fox Tucker
Counsel for the First Respondent: The First Respondent appeared in person
Counsel for the Second Respondent: The Second Respondent did not appear
IN THE FEDERAL COURT OF AUSTRALIA SOUTH AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION SAD 130 of 2014
BETWEEN: NASAA CERTIFIED ORGANIC PTY LTD
Applicant
AND: ZENO AYHAN
First Respondent
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