Federal Court of Australia
"saf
ee
CATCHWORDS
Practice - Third party procedure - application for
directions pursuant to 90.20 r.7 for trial in appropriate
manner of question or issue - whether question or issue is "proper to be so tried" - construction of 0.20 r.7 by reference to 0.20 r.1 - whether issue or question is
"substantially the same matter" as the subject matter of the
principal action - exercise of discretion ~ role of Judge in
managing the total litigation.
Supreme Court Rules (Northern Territory)
No. N.7624 of 1982
Pioneer Concrete (N.T.) Pty. Limited v. Watkins Limited &
Others .
Smithers, Franki and St. John J.J.
22 June 1983
Sydney.
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
wesw
GENERAL DIVISTON
Between:
And:
No. N.7624 of 1982
PIOWEER CONCRETR (N.T. )
PTY. LIMITED
(Appellant)
WATKINS LIMITED
And:
And:
(First Respondent)
RANGER URANIUM MINES PTY. LIMTTED
(Second Respondent)
CALCARIA PTY. LIMITED
And:
(Third Respondent)
NORTHERN CEMENT PTY.
And:
LIMITED
(Fourth Respondent)
WRIGHT ENGINEERS PTY.
And:
LIMITED
(Fifth Respondent)
DAVEY McKEE PACIFIC PTY.
And:
LIMITED
(Sixth Respondent)
COFFEY & PARTNERS PTY.
LIMITED
(Seventh Respondent)
READYMIX CONCRETE PTY. LIMITED
lea
(Eighth Respondent)
Judges Making Order: Smithers, Frankxi and St. John J.J.
Date of Order: 22 June 1983 Where Made: Sydney ORDER
The Court Orders That:
1. The appeal be upheld and that orders 1 and 2 of 29 October 1982, namely that the appellant's
. application for third party directions be dismissed and the appellant pay the costs of and incidental
to the application for third party directions, be
set aside.
2. The summons for directions be remitted to the Supreme Court of the Northern Territory for hearing in accordance with the principles adverted to by
this Court.
3. Each respondent pay one eighth+of the appellant's
costs of the appeal.
4. The question of costs of the summons for directions before the Supreme Court of the Northern Territory
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