Visible Results Properties Inc v Sushi Train (Australia) Pty Limited [2005] FCA 322

There is presently no valid application before the Court by any person other than the second applicant due to the dissolution of the first applicant prior to commencement of proceedings. The matter is stood over but respondent's costs are to be paid by the second applicant on an indemnity basis.

Jurisdiction: Australia
Judgment Date: 22 March 2005
Procedural Posture: Civil / Interlocutory Hearing
Outcome: Matter stood over; no summary disposal or strike out at this hearing. Respondent's costs for the day to be paid by the second applicant on an indemnity basis.
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Procedural Posture

Civil / Interlocutory Hearing

Legal Issues

1 ['Whether proceedings can be maintained by a dissolved company' 'Consequences of ignoring court orders for case preparation' 'Entitlement to costs on an indemnity basis']

Ratio Decidendi

Court Disposition

Matter stood over; no summary disposal or strike out at this hearing. Respondent's costs for the day to be paid by the second applicant on an indemnity basis.

Orders

['Matter stood over to Monday, 18 April 2005 at 4.00 pm for hearing of any motion.' 'Notices of motion to be filed and served on or before 13 April 2005.' "Respondent's costs of today to be paid by the second named applicant on an indemnity basis and taxed forthwith."]