H 1976 Nominees Pty Ltd v Joel Auctions Proprietary Ltd & ors [1988] FCA 382

JUDGMENT No. 28.2-/ 2.8m

CATCHWORDS

HIGH COURT AND FEDERAL JUDICIARY - Federal Court of Australia - Jurisdiction and powers generally - Enforcement of agreement

compromising proceeding.

PRACTICE - Compromise of proceeding - Expenses included in particulars of damage claimed to fall within class of expenses

recoverable as legal costs.

Federal Court of Australia Act 1976 ~- s.51A

Darling Downs Investments Pty. Ltd. v. Ellwood (Federal Court of Kistratio 21 April 1988, unreported) Roberts v. Gippsland Agricultural and Earth Moving Contracting Co. Pty. Ltd. T1336 VeR. 555 at 561-567

H_ 1976 NOMINEES PTY. LTD. v. JOEL AUCTIONS PROPRIETARY LIMITED, JOHN DWYER AND GRAHAM EDWARD JOEL .,

VG174 of 1987

Jenkinson J. Melbourne 18 July, 1988

=

IN THE FEDERAL COURT OF AUSTRALIA )

VICTORIA DISTRICT REGISTRY ) No. VG 174 of 1987 GENERAL DIVISION )

CORAM:

PLACE:

DATE:

BETWEEN: H 1976 NOMINEES PTY. LTD. Applicant AND: JOEL AUCTIONS PROPRIETORY

LIMITED, JOHN DWYER and GRAHAM EDWARD JOEL

Respondents

MINUTES OF ORDER

Jenkinson Jd. Melbourne

18 July, 1988

THE COURT ORDERS THAT:

The respondents' motion of which notice was filed 21 June 1988 be dismissed. 4

Upon and in exchange for payment within 14 days by the respondents to the applicant of $5,000 the applicant deliver to the respondents' solicitors for the respondents the painting called "Faith" to which reference is made in paragraph 5 of the statement of claim as delivery upon sale of the said painting.

Upon and in exchange for payment within 14 days by the respondents to the applicant of $11,000 the applicant deliver to the respondents' solicitors for the respondents the painting called "The Turn of the Tide" to which reference is made in paragraph 5 of the statement of claim as delivery upon sale of the said painting.

The respondents pay within 14 days to the applicant's solicitors for the applicant $5,700.