Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
The Owners – Strata Plan No 87231 v 3A Composites GmbH (No 2) [2020] FCA 333 File number: NSD 215 of 2019
Judge: WIGNEY J
Date of judgment: 27 February 2020
Date of publication of reasons: 12 March 2020
Catchwords: COSTS – consideration of costs – where applicant granted leave to file and serve amended originating application and amended statement of claim – whether applicant required to pay the costs thrown away by the respondents as a result of the amendment forthwith
Legislation: Competition and Consumer Act 2010 (Cth) Sch 2 Australian Consumer Law ss 29, 33, 54 Federal Court Rules 2011 (Cth) rr 1.34, 1.35, 40.13 Trade Practices Act 1974 (Cth) ss 53, 55, 74D Convention on the Service Abroad of Judicial and Extrajudicial Documents in Civil or Commercial Matters done at the Hague on 15 November 1965, Art 5
Cases cited: Allstate Life Insurance Co v Australia and New Zealand Banking Group Limited (No 13) [1995] FCA 1459 Bailey v Beagle Management Pty Ltd (2001) 105 FCR 136; [2001] FCA 60 Batten v CTMS Ltd [1999] FCA 1576 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International B.V. (No 5) [2018] FCA 19 Gill v Ethicon Sàrl (No 5) [2019] FCA 1905 Life Airbag Co of Australia Pty Ltd v Life Airbag Co (New Zealand) Ltd [1998] 545 McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 The Owners – Strata Plan No 87231 v 3A Composites GmbH (2019) 369 ALR 315; [2019] FCA 811 Thunderdome Racetiming & Scoring Pty Ltd v Dorian Industries Pty Ltd (1992) 36 FCR 297; [1992] FCA 423 Vasyli v AOL International Pty Ltd [1996] FCA 804
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