Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Mackay Sugar Limited v Wilmar Sugar Australia Limited (No 3) [2016] FCA 1456 File number(s): QUD 449 of 2016
Judge(s): GREENWOOD J
Date of judgment: 1 December 2016
Catchwords: CORPORATIONS – consideration of the disposition of the costs of an interlocutory application reserved for later determination by order of the Court made when giving judgment on the application on 4 July 2016
Date of hearing: 11 July 2016
Date of last submissions: 11 July 2016
Registry: Queensland
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Economic Regulator, Competition and Access
Category: Catchwords
Number of paragraphs: 12
Counsel for the Applicants: Mr M Hodge and Ms F Lubett
Solicitor for the Applicants: McCullough Robertson
Counsel for the First Respondent: Mr J Giles SC and Mr S Fitzpatrick
Solicitor for the First Respondent: Minter Ellison
Counsel for the Second Respondent: Mr S Monks
Solicitor for the Second Respondent: King & Wood Mallesons
Counsel for the Third Respondent: Mr S Webster
Solicitor for the Third Respondent: Allens
ORDERS QUD 449 of 2016
BETWEEN: MACKAY SUGAR LIMITED ACN 090 152 211 (and others named in the Schedule) First Applicant
AND: WILMAR SUGAR AUSTRALIA LIMITED ACN 098 999 985 (and others named in the Schedule) First Respondent
JUDGE: GREENWOOD J DATE OF ORDER: 1 DECEMBER 2016
THE COURT ORDERS THAT:
1. The costs of the applicants of and incidental to the interlocutory application filed on 28 June 2016 be paid by the first respondent. 2. The costs of the second respondent of and incidental to the interlocutory application referred to in paragraph 1 be paid by the first respondent. 3. The costs of the third respondent of considering the material served upon it by the first respondent as applicant in the interlocutory application, taking legal advice and communicating to the Court its election to abide by the outcome of the interlocutory application, be paid by the first respondent. 4. Pursuant to s 23 and s 37P of the Federal Court of Australia Act 1976 (Cth), rule 1.32 and rule 1.36 of the Federal Court Rules 2011, these orders and the reasons for judgment in support of these orders are made and published from Chambers. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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