Yates Property Corp Pty Ltd v Boland [1999] FCA 397

FEDERAL COURT OF AUSTRALIA

Yates Property Corp Pty Ltd v Boland [1999] FCA 397 COSTS – Action against three respondents dismissed – Appeal to Full Court – Appeal not pursued against second respondent – Appellant seeks order that other respondents indemnify it in relation to trial judge's order that it pay second respondent's costs of trial.

YATES PROPERTY CORPORATION PTY LTD and IAN FRANCES YATES v JOHN BOLAND (as representative of Abbott Tout Russell Kennedy, Solicitors), THEODORE SIMOS and JOHN WEBSTER NG 495 OF 1997 NG 716 OF 1997 NG 717 OF 1997 DRUMMOND, SUNDBERG and FINKELSTEIN JJ 9 APRIL 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 495 of 1997

NG 716 of 1997

NG 717 of 1997

BETWEEN: YATES PROPERTY CORPORATION PTY LTD

First Appellant

IAN FRANCES YATES

Second Appellant

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

First Respondent

THEODORE SIMOS

Second Respondent

JOHN WEBSTER

Third Respondent

JUDGE: DRUMMOND, SUNDBERG AND FINKELSTEIN JJ

DATE OF ORDER: 9 APRIL 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The motion notice of which was filed on 14 December 1998 be dismissed. 2. The first appellant pay the respondents' taxed costs of the motion. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 495 of 1997

NG 716 of 1997

NG 717 of 1997

BETWEEN: YATES PROPERTY CORPORATION PTY LTD

First Appellant

IAN FRANCES YATES

Second Appellant

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