Jet Corporation of Australia Pty Ltd v Petres Pty Ltd & Ors [1986] FCA 437

NOT FOR DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) Vv. No. G 109 of 1983 ) GENERAL DIVISION )

BETWEEN :

JET CORPORATION OF AUSTRALIA PTY. LIMITED (in its capacity as trustee of the

Jet Corporation of Australia Trust) Applicant and PETRES PTY. LIMITED AND OTHERS Respondents

COURT: NORTHROP J. DATE: 6 OCTOBER 1986 PLACE: MELBOURNE

MINUTE OF ORDER

THE COURT ORDERS THAT the motion be refused with costs.

(Settlement and entry of orders is dealt with in 0.36 of the Rules of Court.)

'NOT FOR DISTRIBUTION '

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) V. No. G 109 of 1983 ) )

GENERAL DIVISION BETWEEN :

JET CORPORATION OF AUSTRALIA PTV. LIMITED (in its capacity as trustee of the

Jet Corporation of Australia Trust) Applicant and PETRES PIY. LIMITED AND OTHERS Respondents COURT: NORTHROP J.

DATE: 6 OCTOBER 1986

PLACE: MELBOURNE

REASONS FOR JUDGMENT

The applicant, Jet Corporation of Australia Pty. Limited ("Jet Corporation"), is moving the Court, upon notice, for the review of the decision on reconsideration of a taxing officer of the Court made on 21 May 1986. The motion 1s brought pursuant to 0.62 r.44(1) of the Rules of

Court. That sub-rule provides:-

"44. (1) Where a taxing officer gives a certificate in accordance with his decision on reconsideration under rule 43 and pursuant to that rule a party requests the taxing officer to state his reasons for the decision, the Court shall, on motion by any party interested, review the decision of the taxing officer on reconsideration."

The conditions precedent for the review, as specified in that

sub-rule, have been satisfied. The taxing officer's reasons

for decision are dated 21 May 1986.

The issue raised by the motion results from the form of an order made by a Full Court of this Court on 6 July 1984, but an order to understand that issue, it is necessary to set out in summary form the events which led to the making