Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd & Ors [1988] FCA 364

CATCHWORDS

PRACTICE AND PROCEDURE - costs - discretion of the Court - award on 'solicitor and client' or 'indemnity' basis -

whether application vexatious - form of order.

Trade Practices Act 1974 ss. 52, 53 and 75B

FOUNTAIN SELECTED MEATS (SALES) PTY. LTD. v INTERNATIONAL PRODUCE MERCHANTS PTY. LTD., IBRAHIM HUSSEIN DELLAL, JOHN ROBERT DOONAN, HASET SALI and PETER McLINDIN

No. VG 152 of 1983 Woodward J. AS ~

17 June, 1988 3 Melbourne Ay \ is t

IN THE FEDERAL COURT OF AUSTRALIA

) ) VICTORIA DISTRICT REGISTRY ) No. VG 152 of 1983 ) )

GENERAL DIVISION

BETWEEN:

FOUNTAIN SELECTED MEATS (SALES) PTY. LTD.

Applicant

and

INTERNATIONAL PRODUCE MERCHANTS PTY. LTD., IBRAHIM HUSSEIN DELLAL, JOHN ROBERT DONNAN, HASET SALI and ROSS PETER McLINDIN

Respondents

MINUTES OF ORDER

CORAM: Woodward J. DATE: 17 June, 1988 PLACE: Melbourne

THE COURT ORDERS THAT:

The costs of the second respondent previously ordered to be paid

by the applicant be paid as follows -

(a) those costs incurred on or before 31 January 1986 be

paid on a party v party basis;

(b) those costs incurred after that date to include all

costs except in so far as they are of an unreasonable

2.

amount or have been unreasonably incurred, so that, subject to the above exceptions, the second respondent be completely indemnified by the applicant for his

costs.

(NOTE: Settlement and entry of orders is dealt with by 0.36 of

the Federal Court Rules.)

IN THE FEDERAL COURT OF AUSTRALIA ) )

VICTORIA DISTRICT REGISTRY ) No. VG 152 of 1983 ) )

GENERAL DIVISION

BETWEEN: FOUNTAIN SELECTED MEATS (SALES) PTY. LTD. Applicant and INTERNATIONAL PRODUCE MERCHANTS PTY. LTD., IBRAHIM HUSSEIN DELLAL, JOHN ROBERT DONNAN, HASET SALI and ROSS PETER McLINDIN Respondents CORAM: Woodward J. DATE: 17 June, 1988 PLACE: Melbourne REASONS FOR JUDGMENT This was an application pursuant to ss. 52 and 53 of the Trade Practices Act 1974 ('the Act'). It was brought by the