JUDGMENT No. sane 2 NOT FOR GENERAL DISTRIBUTION E TRALIA ) ) TASMANIA DISTRICT REGISTRY ) TG 3001 of 1993 ) GENERAL DIVISION ) RE: Wy. PTY LTD BETWEEN: E RY _HEADLAM TRUSTEE OF THE C.B. J. HEAD; Applicant AND: LOWE: PTY LTD First Respondent AND: IAN EDWARD HEADLAM Second Respondent AND: IAN EDWARD HEADLAM Cross-Claimant AND: HARLES BARRY HEAD. Cross-Respondent CORAM: Burchett J. PLACE: Sydney (heard in Hobart) DATE : 18 November 1994 INS_ FOR NT In this matter I delivered judgment on 30 September 1994, when I ordered that the respondents, within fourteen days, bring in short minutes of orders, and that the applicant file and serve, within a further fourteen days, a document setting out any objections to or variations of the short minutes for which he contended. 2. Following the delivery of this judgment, the parties did in fact file contending versions of what they submitted were appropriate orders, and also brief written submissions. No party sought to be heard orally. The dispute as to the form of the orders is particularly concerned with the costs of a cross-claim filed and served in the proceeding, but not pursued at the hearing. In my opinion, the applicant is entitled to have the result of the cross-claim taken into account in the formulation of the terms of the costs order that should be made. I now make the following orders: 1. The application be dismissed. 2. The cross-claim be dismissed. 3. Any interlocutory orders be discharged. 4. The costs of the respondents of and incidental to the application (except to the extent that these costs may have been increased by the bringing of the cross-claim) be paid by Charles Barry Headlam, such costs to be taxed in default of agreement and to include any reserved costs. 5. The costs of the cross-respondent to the extent that those costs are referable to the institution of the cross-claim be paid by the cross-claimant, such costs to be taxed in default of agreement. I certify that this and the preceding two (2) pages are a true copy of the Reasons for Judgment herein of his Honour Justice Burchett. Associate: Prikigpa, Oka Date: 18 November 1994 Counsel for the Applicant: Mr G. Garde Q.C. with Mr M. Chambers Solicitors for the Applicant: Messrs Shields ' Heritage Counsel for the Respondents: Mr M. O'Farrell with Mrs C. Ingles Solicitors for the Respondents: Messrs Dobson Mitchell & Allport Dates of hearing: There was no oral hearing in respect of the form of the orders following the judgment of 30 September 1994. ) TASMANIA DISTRICT REGISTRY TG 3001 of 1993 GENERAL DIVISION RE: LOWES PARK PTY LTD BETWEEN: CHARLES BARRY HEADLAM AS TRUSTEE OF H -B. D M.J. H Applicant AND: LOWES PARK PTY LTD First Respondent AND: IAN EDWARD HEADLAM Second Respondent AND: IAN EDWARD HEADLAM Cross-Claimant AND: CHARLES BARRY HEADLAM Cross-Respondent CORAM: Burchett J. PLACE: Sydney (heard in Hobart) DATE : 18 November 1994 QRDERS OF THE COURT THE COURT ORDERS THAT: 1. The application be dismissed. 2. The cross-claim be dismissed. 3. Any interlocutory orders be discharged. 4. The costs of the respondents of and incidental to the application (except to the extent that these costs may have been increased by the bringing of the cross-claim) be paid by Charles Barry Headlam, such costs to be taxed in default of agreement and to include any reserved costs. NOTE 2. The costs of the cross-respondent to the extent that those costs are referable to the institution of the cross-claim be paid by the cross-claimant, such costs to be taxed in default of agreement. Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.