Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Croft v Evertop Investments Pty Ltd [2014] FCA 1098 Citation: Croft v Evertop Investments Pty Ltd [2014] FCA 1098
Parties: RODNEY KIM CROFT & JANICE ANNE CROFT and NUNAGIN HOLDINGS PTY LTD ACN 990 230 176 v EVERTOP INVESTMENTS PTY LTD ACN 091 802 201 and JAMES ALEXANDER KIDD
NUNAGIN HOLDINGS PTY LTD v EVERTOP INVESTMENTS PTY LTD ACN 091 8020 201 and JAMES ALEXANDER KIDD
File numbers: WAD 21 of 2005; WAD 308 of 2006
Judges: BARKER J
Date of judgment: 10 October 2014
Catchwords: COSTS – where leave was granted to discontinue proceeding under R 26.12(2) Federal Court Rules 2011 (Cth) – appropriate costs order to be made – whether Court should refrain from ordering costs in the circumstances – effect of deed of settlement in earlier proceeding between certain parties – whether applicant liable for costs of discovery and inspection in earlier proceeding PRACTICE AND PROCEDURE – application to rectify consent order in earlier proceeding
Legislation: Trade Practices Act 1974 (Cth) s 80 Federal Court Rules 2011 (Cth) R 26.12(2), R 26.12(7) Trade Practices (Industry Codes – Franchising) Regulations 1998 (Cth) s 3 of Schedule
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