Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Kismet International Pty Ltd v Guano Fertilizer Sales Pty Ltd (No 3) [2014] FCA 1142 Citation: Kismet International Pty Ltd v Guano Fertilizer Sales Pty Ltd (No 3) [2014] FCA 1142
Parties: KISMET INTERNATIONAL PTY LTD (ABN 31 078 696 367) and GUANO AUSTRALIA PTY LTD (ABN 61 074 053 026) v GUANO FERTILIZER SALES PTY LTD (ACN 141 437 194), GRAIN HAUL PTY LTD (ABN 78 066 522 165), THE TRUSTEE FOR THE MCMAHON FAMILY TRUST (ABN 57 979 665 867) and JAMES ALFRED MCMAHON
File number: VID 921 of 2011
Judge: MURPHY J
Date of judgment: 24 October 2014
Cases cited: Kismet International Pty Ltd v Guano Fertilizer Sales Pty Ltd [2013] FCA 375 Kismet International Pty Ltd v Guano Fertilizer Sales Pty Ltd (No 2) [2013] FCA 705
Place: Melbourne
Division: GENERAL DIVISION
Category: No catchwords
Number of paragraphs: 22
IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY GENERAL DIVISION VID 921 of 2011
BETWEEN: KISMET INTERNATIONAL PTY LTD (ABN 31 078 696 367)
First Applicant
GUANO AUSTRALIA PTY LTD (ABN 61 074 053 026)
Second Applicant
AND: GUANO FERTILIZER SALES PTY LTD (ACN 141 437 194)
First Respondent
GRAIN HAUL PTY LTD (ABN 78 066 522 165)
Second Respondent
THE TRUSTEE FOR THE MCMAHON FAMILY TRUST (ABN 57 979 665 867)
Third Respondent
JAMES ALFRED MCMAHON
Fourth Respondent
JUDGE: MURPHY J DATE OF ORDER: 24 OCTOBER 2014 WHERE MADE: MELBOURNE
THE COURT ORDERS THAT:
1. The costs to be paid by the Applicants/Cross-Respondent to the Respondents/Cross-Claimant pursuant to the orders made on 19 July 2013 be set off against the costs to be paid by the Respondents to the Applicants pursuant to those orders. 2. The Applicants must pursue taxation of their bill of costs with all speed. 3. Upon completion of the taxation of the Applicants' bill of costs the Taxing Officer is directed to issue a Certificate of Taxation for the balance of the costs payable to the parties to whom the balance is payable. The Taxing Officer shall not otherwise issue a Certificate of Taxation in respect of the bills of costs filed pursuant to the orders made on 19 July 2013. 4. Liberty to apply. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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