Fahey, Mary-Anne & Ors v Stephens Publishing Pty Ltd & Anor Stephens Publishing Pty Ltd & Anor v McFadyen, Ian Hector [1997] FCA 143

CATCHWORDS COSTS - application that a non party pay costs awarded in favour of a party - respondents seeking damages against applicants pursuant to undertaking to Court given by applicants - whether respondents should be treated as applicants seeking damages against respondents - whether general principles relating to security for costs apply. TORT - wrongful procurement of breach of contract - wrongful procurement of breach of equitable duty - conspiracy - damages and costs in other proceeding awarded in favour of applicants - whether respondent had the knowledge, intention, purpose or motive of depriving the applicants of the benefit of the judgment - use of circumstantial evidence as to state of mind of the respondent - whether principal facts (factum probandum) can be inferred from evidentiary facts (factum probans). Air Express Limited v Ansett Transport Industries (Operations) Property Limited (1981) 146 CLR 249 Morey v Transurban City Link Ltd (No VG 124 of 1996) 7 February 1997, unreported. Microcorp Pty Ltd v Terran Computers Pty Ltd (No. VG 258 of 1992, unreported) Thomson Australian Holdings Pty Ltd v The Trade Practices Commission (1981) 148 CLR 150 MARY-ANNE FAHEY and MEDIA ARTS CORPORATION PTY LTD and TREVOR YOUNG v STEPHENS PUBLISHING PTY LTD and FILM AND BOOK PUBLISHING PTY LTD No VG 459 of 1988 STEPHENS PUBLISHING PTY LTD and FILM AND BOOK PUBLISHING PTY LTD v IAN HECTOR McFADYEN No VG 195 of 1993

NORTHROP J MELBOURNE 6 MARCH 1997

IN THE FEDERAL COURT OF AUSTRALIA VICTORIA DISTRICT REGISTRY No VG 459 of 1988 GENERAL DIVISION B E T W E E N : MARY-ANNE FAHEY AND MEDIA ARTS CORPORATION PTY LTD AND TREVOR YOUNG Applicants A N D : STEPHENS PUBLISHING PTY LTD AND FILM AND BOOK PUBLISHING PTY LTD Respondents COURT: NORTHROP J PLACE: MELBOURNE DATE: 6 MARCH 1997 MINUTES OF ORDERS The Court Orders that the respondents' motions, notices of which are dated 31 March 1994 and 11 April 1994 respectively, seeking orders that Ian Hector McFadyen pay their costs of the assessment of damages in this proceeding and their costs of the appeal brought by the applicants and discontinued on 28 July 1992 in matter No NG 374 of 1991 be refused with costs. Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.