Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Auss Metals Pty Ltd v Express Mobile Services Australia Pty Ltd [2015] FCA 745 Citation: Auss Metals Pty Ltd v Express Mobile Services Australia Pty Ltd [2015] FCA 745
Parties: AUSS METALS PTY LTD (ACN 141 165 899) AND OTHERS NAMED IN THE SCHEDULE v EXPRESS MOBILE SERVICES AUSTRALIA PTY LTD (ACN 159 658 107) AND OTHERS NAMED IN THE SCHEDULE; P & C DAL SANTO INVESTMENTS PTY LTD (ACN 075 945 863) AND OTHERS NAMED IN THE SCHEDULE; AUSS METALS PTY LTD (ACN 141 165 899) AND OTHERS NAMED IN THE SCHEDULE
File number: VID 396 of 2014
Judge: PAGONE J
Date of judgment: 22 July 2015
Catchwords: COSTS – legal practitioner – whether respondents entitled to costs order against applicant's solicitors – alleged failure to take steps to resolve dispute before starting proceedings – failure to file genuine steps statement – effect of mutual releases in settlement agreement – construction of terms of settlement agreement – reasonable person in position of parties – whether settlement agreement precluded respondents from claiming costs against applicants' solicitors – construction to give effect to finality of proceedings.
Legislation: Civil Dispute Resolution Act 2011 (Cth) s 9 Federal Court of Australia Act 1976 (Cth) ss 37N, 43
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