Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
GAIN Capital UK Limited v Citigroup Inc (No 3) [2016] FCA 582 Appeal from: Citigroup Inc v City Index Limited [2014] ATMO 36
File number: NSD 524 of 2014
Judge: MARKOVIC J
Date of judgment: 26 May 2016
Catchwords: PRACTICE AND PROCEDURE – interlocutory application to amend application and pleadings and to file a further affidavit – success on interlocutory application – whether costs should follow the event where applicant seeking an indulgence
Legislation: Federal Court of Australia Act 1976 (Cth) s 43
Cases cited: Bowen Energy Limited v 2KD Drilling Pty Ltd [2012] FCA 275 Finch v The Heat Group Pty Ltd (No 3) [2015] FCA 1084 Gee v Burger (No 3) (2009) NSWSC 1153 Golski v Kirk (1987) 14 FCR 143 Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40–748 Oztech Pty Ltd v Public Trustee of Queensland (No 4) [2016] FCA 268
Date of hearing: 22 March 2016
Registry: New South Wales
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Trade Marks
Category: Catchwords
Number of paragraphs: 15
Counsel for the Appellant: Mr J S Cooke with him Mr D B Larish
Solicitor for the Appellant: Chrysiliou Lawyers
Counsel for the Respondent: Mr N Murray with him Ms F St John
Solicitor for the Respondent: Davies Collison Cave
ORDERS NSD 524 of 2014
BETWEEN: GAIN CAPITAL UK LIMITED Appellant
AND: CITIGROUP INC Respondent
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