Queensland Wire Industries Pty Ltd v B.H.P. Company Ltd & Anor [1987] FCA 615

JOBGMENT No. 612. lam

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G125 of 1984

GENERAL DIVISTON )

BETWEEN: QUEENSLAND WIRE INDUSTRIES PTY. LTD. Applicant

AND: THE BROKEN HILL PROPRIETARY COMPANY LIMITED

First Respondent

AND: AUSTRALIAN WIRE INDUSTRIES PROPRIETARY LIMITED

Second Respondent

MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J. DATE OF ORDER: 4 NOVEMBER 1987 WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1.

NOTE:

The whole of the respondents' costs of the proceedings, including reserved costs, be taxed and that the applicant pay 70 per cent of those taxed costs.

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

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G125 of 1984 GENERAL DIVISION )

BETWEEN: QUEENSLAND WIRE INDUSTRIES PTy. LTD. Applicant

AND: THE BROKEN HILL PROPRIETARY COMPANY LIMITED

First Respondent

AND: AUSTRALIAN WIRE INDUSTRIES PROPRIETARY LIMITED

Second Respondent

PINCUS J. 4 NOVEMBER 1987

EX TEMPORE REASONS FOR JUDGMENT

In this matter the parties are at one as to the

principles to be applied and 1t appears to me that they concur in accepting the correctness of what is stated by Toohey J. in Hughes

v. Western Australian Cricket Association (Inc.) (1986) A.T.P.R.

40-748. His Honour at p.48,136 set out ina summary way his

understanding of the effect of the decisions, and said:

"Ll. Ordinarily, costs follow the event and a successful litigant receives his costs in the absence of special circumstances justifying some other order. Ritter v. Godfrey (1920) 2 K.B. 47.