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Trial of claim for declaratory relief as to the existence of an option to purchase share capital in liquor supply related entities, as well as the validity of the passing of resolutions by those entities; judgment for the defendants with costs: Muir J.
Reference to Court from Registrar on objections to costs assessment; had the Supreme Court not been exercising federal jurisdiction in the proceeding s 209(2) would operate to preclude the defendants from recovering the costs incurred in respect of their NSW solicitors from the plaintiffs; since the court was exercising federal jurisdiction s 55B(4) of the Judiciary Act enables the defendants to recover those costs: White J.
Appeal against decision in [2006] QSC 78 dismissed with costs; s 209 of the Supreme Court Act does not operate to restrict the right of a practitioner to recover fees where the right to appear in the State court exercising federal jurisdiction is governed by the Judiciary Act; solicitors admitted in New South Wales were exercising a right of audience when carrying on the litigation in Qld and acting for the client in the Supreme Court in Qld: Williams and Jerrard JJA and Chesterman J.
Appeal Status
Appeal Determined (QCA)
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