Gerring Pty Ltd v Mostert, Louis Lindes & Anor Mostert, Louis Lindes & Anor v Kyle & Anor [1998] FCA 897

FEDERAL COURT OF AUSTRALIA PROCEDURE - costs - costs follow the event - no question of principle GERRING PTY LTD (ACN 009 105 926) v LOUIS LINDES MOSTERT & ANOR AND BY CROSS-CLAIM LOUIS LINDES MOSTERT & ANOR v KYLE & ANOR R D NICHOLSON J PERTH 31 JULY 1998

NO QUESTION OF PRINCIPLE IN THE FEDERAL COURT OF AUSTRALIA

Western Australia DISTRICT REGISTRY WAG 3059 of 1995

BETWEEN: GERRING PTY LTD (ACN 009 105 926)

Applicant

AND: LOUIS LINDES MOSTERT

First Respondent

SUSANNA MARIA MOSTERT

Second Respondent

BY CROSS‑CLAIM: LOUIS LINDES MOSTERT

Cross Claimant

and: SUSANNA MARIA MOSTERT

Second Cross-Claimant

AND: PETER ARTHUR KYLE

First Cross-Respondent

GERRING PTY LTD (ACN 009 105 926)

Second Cross-Respondent

JUDGE: r d nicholson j

DATE OF ORDER: 31 JULY 1998

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The cross-claimants pay the first cross-respondent's costs of 20 October 1997 and 3 November 1997 relating to the first cross-respondent's motion to dismiss or stay the cross-claim. 2. Save that the first cross-respondent pay the cross-claimant's costs of the hearing of 16 June 1998 in any event, the costs incurred and thrown away by the further re- amendment to the cross-claim and the costs of any consequent amendment to the defences to cross-claim be the first cross-respondent's in any event. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

NO QUESTION OF PRINCIPLE IN THE FEDERAL COURT OF AUSTRALIA

Western Australia DISTRICT REGISTRY WAG 3059 of 1995

BETWEEN: GERRING PTY LTD (ACN 009 105 926)

Applicant

AND: LOUIS LINDES MOSTERT