Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Cre8tions Pty Ltd v Varsity Developments Pty Ltd [2017] FCA 630 File number: QUD 134 of 2015
Judge: REEVES J
Date of judgment: 5 June 2017
Catchwords: PRACTICE AND PROCEDURE – application for dismissal of proceeding – where applicant has failed to comply with orders of the Court – application of rules 5.22 and 5.23 of the Federal Court Rules 2011 (Cth) – application for indemnity costs pursuant to rule 40.02 of the Federal Court Rules 2011 (Cth) – application for proceedings to be stayed pursuant to rule 39.03 of the Federal Court Rules 2011 (Cth) – whether rule 39.03(2) applies to potential future proceedings Held: proceeding dismissed
Legislation: Federal Court Rules 2011 (Cth) Federal Court of Australia Act 1976 (Cth)
Cases cited: TSG Franchise Management Pty Ltd v Cigarette & Gift Warehouse (Franchising) Pty Ltd (No 3) [2016] FCA 828
Date of hearing: 18 May 2017
Registry: Queensland
Division: General Division
National Practice Area: Intellectual Property
Sub-area: Copyright and Industrial Designs
Category: Catchwords
Number of paragraphs: 11
Counsel for the Applicant: The Applicant did not appear
Counsel for the Respondents: Mr P Hanlon
ORDERS QUD 134 of 2015
BETWEEN: CRE8TIONS PTY LTD (ACN 166 454 842) Applicant
AND: VARSITY DEVELOPMENTS PTY LTD (ACN 600 377 188) First Respondent
GREGORY SCOTT ALDER Second Respondent
JUDGE: REEVES J DATE OF ORDER: 5 June 2017
THE COURT ORDERS THAT:
1. This proceeding be dismissed. 2. Cre8tions Pty Ltd pay Varsity Developments Pty Ltd and Mr Gregory Scott Alder's costs of and incidental to this proceeding, including all reserved costs on an indemnity basis, such costs to be agreed or taxed. 3. Upon the respondents providing evidence to ABKJ Lawyers of the quantification of the costs ordered under Order 2 above, ABKJ Lawyers is to pay so much of the sum of $25,000 held in its trust account pursuant to Order 4(a) of the orders dated 9 June 2015 to the trust account of the solicitors for the respondents as is required to meet the respondents' costs order. In the event that the sum of $25,000 exceeds the respondents' costs order, ABKJ Lawyers may release the balance of that sum to Cre8tions Pty Ltd. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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