Chenoa Pty Ltd v Shell Company of Australia Ltd [1988] FCA 484

\ NOT SUITABLE TOP REPORTING FOR LIMITED DISTRIBUTION

JUDGMENT No. 4:341..38...m

CATCHWORDS

PRACTICE AND PROCEDURE - Costs - whether general principle that costs follow the event applicable - factors relevant to

exercise of Court's discretion - Ritter v Godfrey [1920] 2

K.B. 47 - whether order for possession should be stayed pending appeal.

0.52 r©.17 Federal Court Rules

CHENOA PTY. LTD. v_ THE SHELL COMPANY OF AUSTRALIA LIMITED No. VG 273 of 1985

Ryan J Melbourne 15 April 1988

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY

No. VG 273 OF 1985

GENERAL DIVISION

ee ee

Coram:

Date:

Place:

BETWEEN: CHENOA PTY. LTD

(Applicant)

AND: THE SHELL COMPANY OF AUSTRALIA LIMITED

(Respondent )

Ryan J. 15 April 1988

Melbourne

MINUTES OF ORDER

THE COURT ORDERS:

1.

That the application be dismissed with costs including any reserved costs other than the costs of and incidental to the respondent's motion on notice dated 13 December 1985 including the hearing on 6 March 1986 such costs to be taxed and paid by the respondent or set off against the orders contained herein for costs

in favour of the respondent.

That on the cross-claim the respondent' recover possession of the premises known as and situate at 542 Footscray Road West Melbourne and that the applicant

pay the respondent costs of the cross-claim.

NOTE:

That directions for the conduct of an inquiry into damages (if any) suffered by the Shell Company of Australia as a result of the injunction granted by Woodward J on 22 August 1986 be given on a date and time to be fixed after the hearing and determination of any appeal by Chenoa Pty. Ltd. against the orders contained in paras. 1 and 2 hereof, or in the absence of any such appeal after the expiration of 21 days from the date hereof.

That execution of the order for possession in para. 2 hereof be stayed until the expiration of 21 days from