Yates Property Corporation Pty Ltd v Boland, John as representative of Abbot Tout Russell Kennedy Solicitors & Ors [1998] FCA 1605

FEDERAL COURT OF AUSTRALIA JUDGMENTS AND ORDERS - whether orders need correction - when interpreting orders reference should be made to CourtÕs reasons for making the orders as part of the context in which orders were made. Australian Energy Ltd v Lennard Oil NL (No 2) [1988] 2 Qd R 230, applied YATES PROPERTY CORPORATION PTY LTD v JOHN BOLAND (as representative of Abbot Tout Russell Kennedy Solicitors), THEODORE SIMOS & JOHN WEBSTER NG 495 of 1997 NG 716 of 1997 YATES PROPERTY CORPORATION PTY LTD AND IAN FRANCIS YATES v JOHN BOLAND (as representative of Abbot Tout Russell Kennedy Solicitors), THEODORE SIMOS & JOHN WEBSTER NG 717 of 1997 DRUMMOND J (BRISBANE), SUNDBERG & FINKELSTEIN JJ (MELBOURNE) 30 NOVEMBER 1998 BRISBANE & MELBOURNE (VIA VIDEO LINK)

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY NG 495 of 1997

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: YATES PROPERTY CORPORATION pty ltd

Appellant

AND: JOHN BOLAND (as representative of Abbott Tout Russell Kennedy Solicitors)

FIRST RESPONDENT

THEODORE SIMOS

SECOND RESPONDENT

JOHN WEBSTER

THIRD Respondent

JUDGES: DRUMMOND j (brisbane), SUNDBERG & FINKELSTEIN JJ (melbourne)

DATE OF ORDER: 30/11/98

WHERE MADE: BRISBANE & MELBOURNE (via VIDEO LINK)

THE COURT ORDERS THAT:

1. Pursuant to O 35 r 7(3) the Federal Court Rules, orders 2, 3 and 6 made on 5 August 1998 and entered on 12 August 1998 in respect of appeals number NG 495 of 1997, NG 716 of 1997 and NG 717 of 1997 be varied so as to be in the form set out below:

2. The order made by Branson J on 5 June 1997 in so far as it relates to the first and third respondents be set aside and in lieu thereof it be ordered that the proceedings be remitted to another judge of the Court for the assessment of damages against the first and third respondents.