Elders Trustee & Executor Co. Ltd v. E.G. Reeves Pty Ltd & Ors [1988] FCA 32

JUDGMENT No. 9Q.7,.86

7 Seeeee

CATCHWORDS

Practice and Procedure - Costs - covenant in a mortgage deed provided for the payment of costs as between solicitor and client - costs on solicitor and client basis discussed.

Federal Court of Australia Act 1976 s.43

DATE: 12 FEBRUARY 1988 CORAM: GUMMOW J. PLACE: SYDNEY

Elders Trustee & Executor Co. Ltd. v

E.G. Reeves Pty. Ltd. & Ors G ° AES

r/ <A ED ~ < y REC EN . "A \ 4 e wo

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IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY )

GENERAL DIVISION ) No. G419 of 1986 BETWEEN: ELDERS TRUSTEE & EXECUTOR COMPANY LIMITED Applicant AND: E.G. REEVES PTY LIMITED

First Respondent

EDWARD GEORGE REEVES Second Respondent

DAPHNE JOAN REEVES Third Respondent

JUDGE: GUMMOW J. DATE: 12 FEBRUARY 1987 PLACE: SYDNEY

MINUTES OR ORDER

THE COURT ORDERS THAT:

(1) The first respondent have judgment on the cross-claim for $697,902.06. Note that the first respondent will seek judgment upon the cross-claim for such further sum as may be found in its favour upon the taking of the account herein provided for.

(2) The applicant pay the second and third respondents their costs of the proceedings (including any reserved costs) but limited to such items as are allowable ona party and party basis and are not included in the items allowed on the taking of the account herein

provided for.

".

(3)

(4)

(5)

(6)

NOTE:

2.

There be taken before the Registrar an account of all items of costs and expenses of the first respondent in the present proceedings, No. G419 of 1986, (including the cross-claim) up to the date of these orders, such account to be taken as between solicitor and client, which is to be understood as being on a common fund basis and as not including items unreasonably incurred or for costs and expenses of an unreasonable amount. Direct that the proceedings be re-listed before me for further directions after the Registrar has certified the results of the account.