Hudgson, J.N. & Anor v. Endrust Australia Pty Ltd & Anor [1986] FCA 190

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CATCHWORODS

COSTS - solicitor engaged by first of two respondents to act for both - order in favour of second respondent - whether deemed retainer - legal fiction.

Federal Court Rules, Order 62.

Jeffrey Norman Hudqson & Anor. v. Endrust (Australia) Pty. Ltd. & Anor.

QLD G95 of 1983

PINCUS J. BRISBANE

6 May 1986

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G95 of 1983 GENERAL DIVISION ) BETWEEN: JEFFREY NORMAN HUDGSON and REX IAN HALLYBURTON

trading as NOOSA FUN WAGON 4 x 4 HIRE Applicants AND: ENDRUST (AUSTRALIA) PTY. LTD.

First Respondent

AND: KERRY WILLIAM FITZGERALD trading as ENRUST (BRISBANE)

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 6 May 1986 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. The reconsideration of the relevant bill of costs be remitted to the taxing officer to be dealt with in the light of these reasons. i

Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

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IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G95 of 1983

GENERAL DIVISION )

BETWEEN: JEFFREY NORMAN HUDGSON and REX IAN HALLYBURTON trading as NOOSA FUN WAGON 4 x 4 HIRE

Applicants AND: ENDRUST (AUSTRALIA) PTY. LTD. First Respondent

AND: KERRY WILLIAM FITZGERALD trading as ENRUST (BRISBANE)

Second Respondent

PINCUS J. 6 May 1986

REASONS FOR JUDGMENT

This 1s an application to review a decision of the taxing officer on reconsideration of objections toa bill of costs. For simplicity I shall call the parties by the names appropriate to the principal proceedings. The application is by the second respondent in those proceedings, which sought relief

against both respondents under s.52 of the Trade Practices Act

1974.

In the principal proceedings, on 27 August 1984, an order was made giving the applicants liberty to discontinue against the second respondent and ordering that the applicants