Metcalfe, P.W. v NZI Securities Australia Ltd & Ors [1995] FCA 441

CATCHWORDS PRACTICE AND PROCEDURE - Whether declaratory relief should be granted - stay of execution of orders - set off of judgment debt - interest - costs Trade Practices Act 1974 (Cth), ss 52, 82, 83, 87 Federal Court of Australia Act 1976 (Cth), ss 21(1), 51A FAI General Insurance Co Ltd v RAIA Insurance Brokers Ltd (1992) 108 ALR 479 RAIA Insurance Brokers Ltd v FAI General Insurance Co Ltd (1993) 41 FCR 164 Ainsworth v Criminal Justice Commission (1992) 175 CLR 564 Jenkins v NZI Securities Australia Ltd (1994) 52 FCR 572 Tesco Supermarkets Ltd v Nattrass [1972] AC 153 Murphy v Zamonex Pty Ltd (1993) 31 NSWLR 439 Mok v Minister for Immigration, Local Government and Ethnic Affairs (No.2) (1993) 47 FCR 81 PETER WILLIAM METCALFE v NZI SECURITIES AUSTRALIA LTD & ORS NG 397 OF 1992 Sackville J. Sydney 29 June, 1995

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G397 of 1992 GENERAL DIVISION BETWEEN: PETER WILLIAM METCALFE Applicant AND: NZI SECURITIES AUSTRALIA LTD NZI CAPITAL CORPORATION LTD and MICHAEL EDWARD WAYLAND Respondents CORAM: SACKVILLE J. PLACE: SYDNEY DATE: 29 JUNE, 1995 MINUTES OF ORDER THE COURT: 1. Identifies as the group members who will be affected by this judgment the persons named in Schedule "A" and Schedule "B" to the further amended application, with the exception of W.L. Hawke Holdings Pty Ltd. 2. Orders judgment for Ripoll in the sum of $450,000, inclusive of interest, against the first and second respondents. 3. Directs that enforcement of the judgment referred to in paragraph 2 be stayed until further order of the Court. 4. Orders the first and second respondents to pay: (a) 80% of the applicant's costs of the proceedings before Wilcox J.; and (b) 60% of the applicant's costs of the proceedings before Sackville J. 5. Orders the applicant to pay: (a) the costs of the third respondent of the proceedings before Wilcox J., except to the extent those costs are already the subject of orders by the Court; and