Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Homart Pharmaceuticals Pty Ltd v Careline Australia Pty Ltd (No 2) [2017] FCA 769
File number: NSD 694 of 2016
Judge: BURLEY J
Date of judgment: 21 June 2017
Catchwords: COSTS – application for indemnity costs – application dismissed
Legislation: Competition and Consumer Act 2010 (Cth) Schedule 2, s 237
Date of hearing: 21 June 2017
Registry: New South Wales
Division: General Division
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Category: Catchwords
Number of paragraphs: 8
Counsel for the Applicant: Mr T Maltz
Solicitor for the Applicant: Coleman Greig Lawyers
Counsel for the Respondents: Mr N Furlan
Solicitor for the Respondents: Pure Legal
ORDERS NSD 694 of 2016
BETWEEN: HOMART PHARMACEUTICALS PTY LTD ACN 057 411 640 Applicant
AND: CARELINE AUSTRALIA PTY LTD ACN 089 177 480 First Respondent
DRAGON SHOW AUSTRALIA PTY LTD ACN 080 069 843 Second Respondent
AND BETWEEN: CARELINE AUSTRALIA PTY LTD ACN 089 177 480 Cross-Claimant
AND: HOMART PHARMACEUTICALS PTY LTD ACN 057 411 640 Cross-Respondent
JUDGE: BURLEY J DATE OF ORDER: 21 June 2017
THE COURT ORDERS THAT:
1. The Respondents' application for costs payable on an indemnity basis be dismissed. 2. The Respondents pay the applicant's costs of the application for indemnity costs. 3. The proceeding be listed for case management at 9.30 am on 12 July 2017. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.
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