Federal Court of Australia
CATCHWORDS
Costs - costs of. successful third party against respondent on cross claim with right of respondent to recover from applicant - whether applicant should be ordered tod pay ~ directly third party's costs - discretion to award costs
pursuant to s.43 Federal Court of Australia Act ~- appeal from discretion of trial judge.
Federal Court of Australia Act 1976 s.43
GLADSTONE PARK SHOPPING CENTRE PTY. LTD. and HERSFIELD DEVELOPMENTS CORPORATION PTY. LTD.
Vv.
ROSS WILLS and ROSS WILLS & ASSOCIATES PTY. LID. and ROSETTA ARISTOTITE
V. No. G. 210 of 1984
Northrop. Davies and Beaumont JJ. Melbourne
18 December 1984
FEDERAL COURT OF AUS IA VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
V. No. G 210 of 1984
ON_AP OM THE FEDERAL COURT OF AUSTRALIA
BETWEEN :
GLADSTONE PARK SHOPPING CENTRE PTY. LTD. and
HERSFIELD DEVELOPMENTS CORPORATION PTY, LTD. Appellants and
ROSS WILLS First Respondent and
ROSS WILLS & ASSOCIATES PTY. LTD. Second Respondent and
ROSETTA ARISTOTITE Third Respondent
CORAM: Northrop, Davies and Beaumont JJ. DATE: 18 December 1984
PLACE: Melbourne
ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellants pay the costs of the first and second
respondents of the appeal.
N_ THE ERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY V. No. G 210 of 1984
GENERAL DIVISION
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
GLADSTONE PARK SHOPPING CENTRE PTY. LTD. and
HERSFIELD DEVELOPMENTS CORPORATION PTY. LTD. Appellants and
ROSS WILLS First Respondent and
ROSS WILLS & ASSOCIATES PTY. LID. Second Respondent and
ROSETTA ARISTOTITE Third Respondent
CORAM: Northrop, Davies and Beaumont JJ. DATE: 18 December 1984 PLACE: Melbourne
REASONS FOR JUDGMENT
NORTHROP J: I would dismiss the appeal with costs for the
reasons given by Beaumont J.
I certify that this. andthe
prow —popewtd a-true copy of- the Reasons for Judgment herein of the Honourable Mr. Justice Northrop.
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