Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ashworth v Metcash Food & Grocery Pty Ltd (No 2) [2015] FCA 318 Citation: Ashworth v Metcash Food & Grocery Pty Ltd (No 2) [2015] FCA 318
Parties: STEPHEN ASHWORTH v METCASH FOOD & GROCERY PTY LTD
File number(s): NSD 22 of 2015
Judge(s): GLEESON J
Date of judgment: 7 April 2015
Catchwords: COSTS – indemnity costs - where applicant changed basis of argument that bankruptcy notice was invalid shortly before hearing date – application dismissed
Legislation: Federal Court of Australia Act 1976 (Cth), s 43
Cases cited: Colgate-Palmolive Company v Cussons Pty Limited [1993] FCA 536; (1993) 46 FCR 225 De Alwis v Minister for Immigration and Multicultural and Indigenous Affairs [2004] FCAFC 77 Fuelxpress Ltd v LM Ericsson Pty ltd (1987) 75 ALR 284 Hamod v New South Wales [2002] FCAFC 97; (2002) 188 ALR 659 Oil Basins Ltd v Watson [2014] FCAFC 154 Watson v Western Australia (No 3) [2014] FCA 127
Date of hearing: 31 March 2015
Place: Sydney
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 12
Solicitor for the Applicant: Mr D Bowles of Bowles Lawyers
Counsel for the Respondent: Ms RL Gall
Solicitor for the Respondent: Patane Lawyers
IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 22 of 2015
BETWEEN: STEPHEN ASHWORTH
Applicant
AND: METCASH FOOD & GROCERY PTY LTD
Respondent
JUDGE: GLEESON J DATE OF ORDER: 7 April 2015 WHERE MADE: SYDNEY
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