Federal Court of Australia
CATCHWORDS Costs - Trade Practices Act - damages claim - claim substantially successful - claim for solicitor and client costs - discretion - claim rejected - costs
occasioned by amendments ~ proper order in respect of costs of parties against whom claim dismissed
Federal Court of Australia Act, 1976 s.43
MUDGINBERRI STATION PTY LIMITED v THE AUSTRALASIAN MEAT INDUSTRY EMPLOYEES UNION; JACK O'TOOLE; TREVOR SURPLICE; DICK ANNEAR; PAT ROUGHAN
No. G123 of 1985
Morling J 14 October 1986
Sydney
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. Gi23 of 1985
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GENERAL DIVISION
BETWEEN : MUDGINBERRI STATION PITY LIMITED Applicant AND: THE AUSTRALASTAN MEAT INDUSTRY
EMPLOYEES UNION First Respondent
JACK O'TOOLE Second Respondent
TREVOR SURPLICE Third Respondent
DICK ANNEAR Fourth Respondent
PAT ROUGHAN Fifth Respondent
MINUTE OF ORDER
JUDGE MAKING ORDER : Morling J. DATE OF ORDER : 14 October 1986 WHERE MADE : Sydney
THE COURT ORDERS AS FOLLOWS:
i. First respondent to pay the applicant's costs.
2. No order as to the costs of the second, third, fourth and fifth respondents.
Note: Settlement and entry of orders 1s dealt with by Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY No. G123 of 1985
wee ewer
GENERAL DIVISION
BETWEEN : MUDGINBERRI STATION PTY LIMITED
Applicant
AND: THE AUSTRALASTAN MEAT INDUSTRY EMPLOYEES UNION
First Respondent
JACK O'TOOLE Second Respondent
TREVOR SURPLICE Third Respondent
DICK ANNEAR Fourth Respondent
PAT ROUGHAN Fifth Respondent
Morling J. 14 October 1986
REASONS FOR JUDGMENT - COSTS
On 21 July 1986 I ordered the first respondent to pay the applicant damages of $1,759,444 and entered judgment in
that sum. I then reserved the question of costs.
The applicant seeks an order that the first respondent pay the whole of its costs, to be taxed on a solicitor and client basis. Notwithstanding the discretion given to me by
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