Golden West Refining Corporation Ltd v Daly Laboratories Pty Ltd & Anor [1995] FCA 525

CATCHWORDS PRACTICE & PROCEDURE - Judgment for damages - interest on damages - costs - no matter of general principle. Federal Court of Australia Act s.51A Haines v. Bendall (1991) 172 CLR 60 Clarke v. Foodland Stores Pty Ltd [1993] 2 VR 382 Keithara Pty Ltd v. J.G.L. Holdings Pty Ltd [unreported, 6 December 1994, Supreme Court of Victoria, Smith J. No. 4308 of 1990] Newcrest Mining (W.A.) Ltd v. The Commonwealth of Australia (unreported, French J. 17 December 1993, No. 954 of 1993); Commissioner of Australian Federal Police v. Razzi (1991) 101 ALR 425 at 430 Permanent Building Society v. Wheeler (No. 2) (1993) 10 WAR 569. Dodds Family Investments Pty Ltd v. Lane Industries Pty Ltd (1993) 26 IPR 261 GOLDEN WEST REFINING CORPORATION LIMITED v. DALY LABORATORIES PTY LTD & CLYDE INDUSTRIES LIMITED WAG 63 of 1992 CARR J. SYDNEY (HEARD IN PERTH) 16 FEBRUARY 1995

IN THE FEDERAL COURT ) OF AUSTRALIA ) WESTERN AUSTRALIA ) DISTRICT REGISTRY ) GENERAL DIVISION ) No. WAG 63 of 1992 B E T W E E N: GOLDEN WEST REFINING CORPORATION LIMITED Applicant and DALY LABORATORIES PTY LTD First Respondent and CLYDE INDUSTRIES PTY LTD Second Respondent CORAM: CARR J. PLACE: PERTH DATE: 16 FEBRUARY 1995 MINUTE OF ORDERS THE COURT ORDERS THAT: 1. (a) The first respondent and the second respondent pay to the applicant interest on the sum of $146,601.33 calculated in respect of the period 22 May 1990 to 31 December 1990 (both dates inclusive) and 5 June 1992 to 5 January 1995 (both dates inclusive); (b) Such interest is to be calculated at the rates which were fixed from time to time during the above periods under Order 35 rule 8 of the Federal Court Rules in respect of judgment debts; and (c) The interest so calculated shall be added to the amount payable to the applicant by the first respondent and the second respondent pursuant to paragraph A1 of the orders made on 5 January 1995. 2. The respondents pay the applicant's costs of the application to be taxed. 3. The second respondent indemnify the first respondent in respect of such costs as the first respondent is obliged to pay to the applicant.