Nagy, Gabor Martin & Anor v Masters Dairy Ltd [1998] FCA 104

FEDERAL COURT OF AUSTRALIA COSTS - unsuccessful respondent - whether exception should be made to rule that costs follow the event - whether applicants' failed claim in contract basis for exception - whether applicants' experts reports basis for exception.

Federal Court of Australia Act 1976 (Cth), s 43

Federal Court Rules, O 62, 62 r 4(2)(a), 62 r 36(1) Commissioner of Australian Federal Police v Razzi (No 2) (1991) 101 ALR 425, applied Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261, referred to GABOR MARTIN NAGY & ANOR v MASTERS DAIRY LTD WAG 27 of 1995 R D NICHOLSON J PERTH 20 FEBRUARY 1998

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAG 27 of 1995

BETWEEN: gabor martin nagy and

PATRICIA DOROTHY NAGY

Applicants

AND: MASTERS DAIRY LTD (ACN 008 671 761)

Respondent

JUDGE: r d nicholson

DATE OF ORDER: 20 February 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicants pay: (a) the respondent's costs for preparation and appearances on 11 March 1997 and 23 May 1997; (b) that part of the respondent's taxed costs from 19 February 1997 to 11 December 1997 as relates to the preparation and presentation of the respondent's case in relation to the reports of the applicants' expert; (c) the costs of the respondent's expert witness incurred after 19 February 1997; and (d) $1,130.46 to the respondent, arising from order 5(c) made by Justice R D Nicholson on 24 March 1997.

2. Otherwise the respondent pay the applicants' costs of the application other than the costs of the applicants' expert incurred after 13 December 1996. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

GENERAL DISTRIBUTION IN THE FEDERAL COURT OF AUSTRALIA