Howard Smith Industries Pty Ltd v Richards [ 1999] FCA 1310

FEDERAL COURT OF AUSTRALIA

Howard Smith Industries Pty Ltd v Richards [1999] FCA 1310 Federal Proceedings (Costs) Act 1981 (Cth): s 6 HOWARD SMITH INDUSTRIES PTY LTD v JAMES PAUL RICHARDS VG 62 of 1998 GOLDBERG J MELBOURNE 10 SEPTEMBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No VG 62 of 1998

BETWEEN: HOWARD SMITH INDUSTRIES PTY LTD

(ACN 004 082 062)

Applicant

AND: JAMES PAUL RICHARDS

Respondent

JUDGE: GOLDBERG J

DATE OF ORDER: 10 SEPTEMBER 1999

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The appeal is allowed. 2. The decision of the Tribunal dated 2 February 1998 is set aside and the matter is remitted to the Tribunal differently constituted to determine the compensation (if any) to be paid by the applicant to the respondent in respect of that amount of the respondent's hearing loss and impairment and tinnitus, which occurred on and after 24 June 1993. 3. The respondent pay the applicant's costs of the appeal, including reserved costs. 4. A certificate be granted pursuant to s 6 of the Federal Proceedings (Costs) Act 1981 (Cth) to the respondent stating that in the opinion of the Court it is appropriate for the Attorney‑General to authorise a payment under the Federal Proceedings (Costs) Act 1981 (Cth) to the respondent in respect of: (a) the costs incurred by the respondent in relation to this appeal; (b) any costs incurred by the appellant in respect of the appeal that are required to be paid by the respondent to the appellant in pursuance of this order.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY No VG 62 of 1998

BETWEEN: HOWARD SMITH INDUSTRIES PTY LTD