S. & U. Constructions Pty Ltd v. Westworld Property Holdings Pty Ltd & Ors [1988] FCA 154

JUDGMENT No. |'S46.7.23,_.

IN THE FEDERAL COURT OF AUSTRALIA )

QUEENSLAND DISTRICT REGISTRY ) QLD G34 of 1986 GENERAL DIVISION )

BETWEEN: S. & U. CONSTRUCTIONS PTY LTD Applicant AND: WESTWORLD PROPERTY HOLDINGS PTY LTD

First Respondent

AND: DAVID JAMES REMAR and JUDITH EVE REMAR

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ws MINUTES OF ORDER

JUDGE MAKING ORDER: PINCUS J.

DATE OF ORDER:

22 MARCH 1988

WHERE MADE: BRISBANE

THE COURT ORDERS:

1.

(in lieu of proposed order 3 of 11 March 1988) that the second respondent, David James Remar, pay the applicant's costs of and incidental to the proceedings, to be taxed, provided that the costs in respect of the trial shall not include the last day's hearing;

that the said order as to costs be perfected forthwith.

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

Second Respondents

IN THE FEDERAL COURT OF AUSTRALIA ) QUEENSLAND DISTRICT REGISTRY ) QLD G34 of 1986 GENERAL DIVISION )

BETWEEN: §. & U. CONSTRUCTIONS PTY LTD Applicant AND: WESTWORLD PROPERTY HOLDINGS PTy LTD First Respondent

AND: DAVID JAMES REMAR and JUDITH EVE REMAR

Second Respondents

PINCUS J. 22 MARCH 1988

EX TEMPORE REASONS FOR JUDGMENT

In this matter, on 11 March 1988, I handed dow my reasons and dismissed the application against the second respondent, Judith Eve Remar, and made an order that the second

respondent, David James Remar, pay the sum of $113,000; and

thirdly, made an order as to costs.

During the course of discussion with the parties when the judgment was handed down, I decided to gave them an opportunity to address me on costs. With that in mind I made an order that order number 3, as to costs, not be perfected until further order. Today Mrs King has appeared on behalf of the respondents, and has argued that an order for costs should be made

against the applicant in favour of Judith Eve Remar; I have