Federal Court of Australia
Federal Court of Australia Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 3) [2024] FCA 1413 File number:
Judgment of: ROFE J
Date of judgment: 9 December 2024
Catchwords: PRACTICE AND PROCEDURE – form of orders – failed interlocutory application to stay substantive proceeding COSTS – costs arising from failed interlocutory application seeking to stay substantive proceeding – whether costs should follow the event or be costs in the cause – whether conduct of the first respondent warrants the award of indemnity costs – whether costs should be payable forthwith
Legislation: Federal Court of Australia Act 1976 (Cth) Federal Court Rules 2011 (Cth)
Aon Risk Services Australia Limited v Australian National University (2009) 239 CLR 175 Care A2 Plus Pty Ltd (Receiver Appointed) v The a2 Milk Company Limited [2024] FCA 782 Cohen v Double Bay Bowling Club (No 2) [2019] NSWSC 1732 Directed Electronics OE Pty Ltd v Gridtraq Australia Pty Ltd [2023] FCAFC 149 Directed Electronics OE Pty Ltd v Isuzu Australia Limited (No 2) [2024] FCA 1198 Directed Electronics OE Pty Ltd v Isuzu Australia Limited [2022] FCA 254 Directed Electronics OE Pty Ltd v OE Solutions Pty Ltd (No 8) [2022] FCA 1404 Federal Treasury Enterprise (FKP) Sojuzplodoimport v Spirits International BV (No 5) [2018] FCA 19 Cases cited: Graham Barclay Oysters Pty Ltd v Ryan (No 2) [2000] FCA 1220 Idenix Pharmaceuticals LLC v Gilead Sciences Pty Ltd (No 2) [2018] FCAFC 7 Lanzer v Australian Broadcasting Corporation (No 2) [2021] FCA 1321 LFDB v SM (No 2) [2017] FCAFC 207 Melbourne City Investments Pty Ltd v Treasury Wine Estates Limited (No 2) [2017] FCAFC 116 Murdoch v Private Media Pty Ltd (No 2) [2022] FCA 1607 Norden Holdings Pty Ltd (Trustee) v Martens Investments Pty Ltd (Trustee), in the matter of Amazonia IP Holdings Pty Ltd (No 2) [2024] FCA 1042 Paciocco v Australia and New Zealand Banking Group Ltd (No 2) (2017) 253 FCR 403 Ragata Developments Pty Ltd v Westpac Banking Corporation (1993) 217 ALR 175
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