Gamma Technology Inc & Anor v Kohjinsha Sotec Australia Ltd & Anor [1987] FCA 728

NUDGMENT No. 78 /@27

"NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA ) )

NEW SOUTH WALES DISTRICT REGISTRY ) NSW G.507 of 1987 ) )

GENERAL DIVISION

BETWEEN: GAMMA TECHNOLOGY INC

First Applicant SYSTEM SOLUTIONS PTY LTD Second Applicant

AND: KOHJINSHA SOTEC AUSTRALIA PTY LTD First Respondent GEORGE HANZALEK

Second Respondent

CORAM: WILCOX J PLACE: SYDNEY / DATE: 1 DECEMBER 1987 r ": . Mosely MINUTES OF ORDER A THE COURT NOTES: ~— A. The undertaking to the Court contained in para.2 of

the short minutes of orders filed today.

AND THE COURT ORDERS THAT:

1. Orders be made in accordance with paras.1, 3 and 4 of

the said short minutes.

2. The respondents pay the costs of the proceeding,

including the motion to set aside the "Anton Pillar"

orders.

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

NOT FOR GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSW G.507 of 1987

GENERAL DIVISION

BETWEEN: GAMMA TECHNOLOGY INC First Applicant

SYSTEM SOLUTIONS PTY LTD

Second Applicant

AND: KOHJINSHA SOTEC AUSTRALIA PTY LTD

First Respondent GEORGE HANZALEK

Second Respondent

CORAM: WILCOX J PLACE: SYDNEY DATE: 1 DECEMBER 1987

EXTEMPORE REASONS FOR JUDGMENT

This matter has been resolved as between the parties by their agreement to the giving of a particular undertaking and the making of certain orders. However, the parties have not been able to resolve the question of the costs of the proceeding. On behalf of the applicants, the submission 1s

put that the ordinary course should be followed and that the

respondents should be ordered to pay their costs; relief, although not so complete as the relief sought in the Application, having been obtained. For their part the respondents contend that there ought to be no order for costs. The essential point made by the counsel for the respondents is that the applicants were over zealous in commencing the proceeding when they did and, in particular, in seeking an "Anton Pillar" order. He says that a letter of demand prior to the institution of the proceeding would have eliminated the