Federal Court of Australia
CATCHWORDS Payment into court - notice of deposit - validity of notice cause of action - claim to damages - claim to relief.
Payment into court - discretion of court as to costs.
FEDERAL COURT RULES - Order 23 - Rules 1, 2, 6, 7, 10, 11, 16.
Order 62 - Rule 27
Form 31
T. N. LUCAS PTY. LTD. v. CENTREPOINT FREEHOLDS PTY. LTD.
VG No. 188 of 1981
JENKINSON J. Melbourne
30 March, 1984
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IN THE FEDERAL COURT OF AUSTRALIA )
VICTORIAN DISTRICT REGISTRY ) VG No. 188 of 1981 GENERAL DIVISION )
BETWEEN: T. N.- LUCAS PTY. LTD.
Applicant AND: CENTREPOINT FREEHOLDS PTY. LTbd.
Respondent Coram: Jenkinson J. Place: Melbourne Date: 30 March, 1984
ORDER
«
Upon the respondent by its counsel undertaking that it will not by any means seek to recover from the applicant or any surety for the applicant any part of the cost of providing in 19748 three phase electric power or sprinkler systems or fire prevention installations or plumbing installations in the premises designated as shops B.Q1 and B.02 in the amended statement of claim filed on 19 October 1982 or any sum in respect of the applicant's tenaancy or occupation of the said premises during October or November or December 1978 or during January 1979 before 26 January 1979 IT IS ORDERED AND ADJUDGED that the applicant recover against the respondent $51,431.16 AND IT IS ORDERED that the applicant's costs of the proceeding (including costs reserved) be paid by the respondent AND IT IS ORDERED that the sum of $65,000 brought into
Court be paid out to the respondent's solicitors.
IN THE FEDERAL COURT OF AUSTRALIA } VICTORIAN DISTRICT REGISTRY ) VG No. 188 of 1981 GENERAL DIVISION )
BETWEEN: T. N. LUCAS PTY. LTD. Applicant AND: CENTREPOINT FREEHOLDS PTY. LTD. Respondent
Coram: Jenkinson J.
Place: Melbourne
Date: 30 March, 1984
REASONS FOR JUDGMENT
35. On 3 February 1984 I published reasons for my conclusion that in this proceeding there should be judgment for the applicant
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