Federal Court of Australia
CATCHWORDS
. Practice and Procedure - discretion to award costs of a successful
party on a solicitor and client basis - unsuccessful allegations
of fraud and conspiracy - failure of cross-claimant to give
evidence in support of claim.
Federal Court of Australia Act 1976 s.43(2)
Federal Court Rules 0.35 r.5
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD. and
RAYMOND BERTRAM BARTLETT and GRAEME PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD. and
GRAEME PHILLIPS
and
GRAEME PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD. and GRAEME PHILLIPS
and _. - AUSTRALIAN TRANSPORT INSURANCE PTY. LTD.
RAYMOND BERTRAM BARTLETT, JOSEPH FRANCIS McNEANY
oq MBTAs, S . .
Woodward J. Melbourne . , 25 March 1986 me oF
St anhllimnenah: Srenenerenen
wre
oe tee cad
nee pr eee
IN THE FEDERAL COURT OF AUSTRALIA ) )
VICTORIA DISTRICT REGISTRY ) No. VG 273 of 1984 ) )
GENERAL DIVISION
BETWEEN :
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD. and RAYMOND BERTRAM BARTLETT
Applicants and
GRAEME, PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD. and GRAEME PHILLIPS
Respondents and
GRAEME PHILLIPS ROAD TRANSPORT INSURANCES PTY. LTD. and GRAEME PHILLIPS Cross-Claimants
and
AUSTRALIAN TRANSPORT INSURANCE PTY. LTD.,
RAYMOND BERTRAM BARTLETT, JOSEPH FRANCIS McNEANY, CHRISTOPHER FRANK AIDERTON, MARY ROGERS AND LES CLARKE Cross-Respondents
MINUTES OF ORDER
COURT: Woodward Jd. DATE: 25 March 1986 PLACE: Melbourne
THE COURT_ORDERS THAT:
1. The respondents and cross-claimants pay the applicants' and cross~respondents' costs, including reserved costs,
to be taxed on a party and party basis.
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ap es
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(NOTE:
The order of 20 December 1985 made in these proceedings
be varied by adding the words "such fine to be paid to the District Registrar of this Court at 450 Little Bourke Street, Melbourne by 22 April 1986" to order
no. 4 therein.
The respondent and cross- claimant, Graeme Phillips, have liberty to apply within 14 days in relation to the
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