Fitzwood Pty Ltd (ACN 005 180 163) v Unique Goal Pty Ltd (In Liq) (ACN 064 926 843) [2002] FCAFC 384

Fitzwood Pty Ltd (ACN 005 180 163) v Unique Goal Pty Ltd (In Liq) (ACN 064 926 843) [2002] FCAFC 384

After considering the parties' short submissions and draft short minutes, the Court allowed the appeal in part as to specified costs and indemnity orders, otherwise dismissed the appeal, declared that the first respondent was not entitled to indemnity from the Mount Alexander Unit Trust assets for appeal costs, and dismissed the cross-appeal with costs against the cross-appellants.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Appeal and Cross Appeal From a Judge of the Federal Court of Australia / Orders as to Costs and Incidental Orders After Judgment Delivered on 14 November 2002
Outcome
Appeal allowed in part; otherwise dismissed. Cross-appeal dismissed.
Legal Topics
['costs of Appeal' 'costs at First Instance' 'cross Appeal' 'indemnity From Trust Assets' 'mount Alexander Unit Trust' 'injunction to Restrain Sale of Trust Property']
['civil Procedure' 'costs' 'trusts'] ['costs of Appeal' 'costs at First Instance' 'cross Appeal' 'indemnity From Trust Assets' 'mount Alexander Unit Trust' 'injunction to Restrain Sale of Trust Property']

Case Brief

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Procedural Posture

Appeal and Cross Appeal From a Judge of the Federal Court of Australia / Orders as to Costs and Incidental Orders After Judgment Delivered on 14 November 2002

Legal Issues

  1. 1 ['What costs and incidental orders should be made following the appeal and cross-appeal.' 'Whether the first respondent was entitled to be indemnified from the assets of the Mount Alexander Unit Trust in respect of its costs.']

Ratio Decidendi

After considering the parties' short submissions and draft short minutes, the Court allowed the appeal in part as to specified costs and indemnity orders, otherwise dismissed the appeal, declared that the first respondent was not entitled to indemnity from the Mount Alexander Unit Trust assets for appeal costs, and dismissed the cross-appeal with costs against the cross-appellants.

Court Disposition

Appeal allowed in part; otherwise dismissed. Cross-appeal dismissed.

Orders

  • ['The appeal from the orders and declarations of the learned primary Judge was allowed in part in respect of the orders and declarations made on 14 December 2001 by varying Item 3, setting aside Item 4, varying Item 5, setting aside Item 6 and substituting a new costs order, and setting aside Item 10.' 'Save as...