Federal Court of Australia
Federal Court of Australia
Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 5) [2021] FCA 1546 File number(s): QUD 883 of 2016
Judgment of: GREENWOOD J
Date of judgment: 8 December 2021
Catchwords: PRACTICE AND PROCEDURE – consideration of submissions in relation to the disposition of costs in relation to the principal proceeding
Legislation: Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules 2011 (Cth), r 25.14(3)
Cases cited: Flogineering Pty Ltd v Blu Logistics SA Pty Ltd [2018] FCA 1479 Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 2) [2018] FCA 1607 Flogineering Pty Ltd v Blu Logistics SA Pty Ltd (No 4) [2021] FCA 1219 Lodestar Anstalt v Camparis America LLC (No 2) [2016] FCAFC 118
Division: General Division
Registry: Queensland
National Practice Area: Commercial and Corporations
Sub-area: Regulator and Consumer Protection
Number of paragraphs: 17
Date of last submission/s: 5 November 2021
Counsel for the Applicant: Mr N Ferrett QC
Solicitor for the Applicant: Kalus Kenny Intelex
Counsel for the Respondents: Mr S Forrest
Solicitor for the Respondents: Rostron Carlyle Rojas
ORDERS QUD 883 of 2016
BETWEEN: FLOGINEERING PTY LTD (ACN 115 962 822) Applicant
AND: BLU LOGISTICS SA PTY LTD (ACN 600 595 382) (and others named in the Schedule) First Respondent
order made by: GREENWOOD J DATE OF ORDER: 8 DECEMBER 2021
THE COURT ORDERS THAT:
1. The respondents pay the costs of the applicant of and incidental to the proceeding up to and including 2 March 2020 on a party and party basis. 2. The respondents pay the costs of the applicant of and incidental to the proceeding from and including 3 March 2020 to the date of these orders on an indemnity basis. 3. 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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