Newark Pty Ltd v Civic & Civic Pty Ltd & Anor [1987] FCA 542

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JUDGMENT No. SAA. 84

CATCHWORDS

PRACTICE ~- Court appointed expert - when application appropriate.

Federal Court Rules, 0.34

Newark Pty. Ltd. (Receivers Appointed) (In Liquidation) v. Civil & Civic Pty. Ltd. & Anor. Qld G86 of 1987

PINCUS J. BRISBANE 12 OCTOBER 1987

DERAL COURT OF Fe AUSTRALIA

PRINCIPAL REGISTRY

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G86 of 1987 GENERAL DIVISION )

BETWEEN

NEWARK PTY. LTD. (RECEIVERS APPOINTED) (IN

LIQUIDATION)

Applicant

AND: CIVIL & CIVIC PTY. LTD.

First Respondent

AND: JOSEPH MICHAEL THORPY

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 12 OCTOBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

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Daniel Nutter, architect, of Brisbane, be appointed as Court expert to inquire into and report upon the

questions set out in the schedule.

The said Daniel Nutter be authorised to into and report upon any facts relevant inquiry and report.

The said Daniel Nutter shall go about his and report in such fashion as_ seems appropriate, and shall inform himself matters relevant to his inquiry as he sees example by making telephone inquiries of

inquire to his

inquiry to him on the fit, for persons

who appear to him to have information necessary for

the purposes of his report.

The said Daniel Nutter shall send his report (one copy) to the Registrar, Federal Court of Australia,

M.L.C. Court, 15-23 Adelaide Street.

The remuneration of the said Daniel Nutter, as a fee for his report, is fixed at $600 and the

question of a proper sum for any attendance before the Court (if subsequently required) is reserved.

The parties, namely Newark Pty. Ltd., Civil and Civic Pty. Ltd. and Joseph Michael Thorpy, shall be jointly and severally liable to the said Daniel Nutter to pay the said sum of $600, but the said sum of $600 shall, in the first instance, be paid to the Registrar by Desmond William Knight, the