Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1140

FEDERAL COURT OF AUSTRALIA

Carey-Hazell v Getz Bros & Co (Aust) Pty Ltd [2004] FCA 1140 Federal Court of Australia Act 1976 (Cth) s 43(1) Trade Practices Act 1974 (Cth) Yates Property Corporation Pty Ltd v Boland (No 2) (1997) 147 ALR 685 Cited Knight v FP Special Assets Ltd (1992) 174 CLR 178 Cited Cabassi v Vila (1940) 64 CLR 130 Cited Charlick Trading Pty Ltd v Australian National Railways Commission (2001) FCA 629 Cited

KAREN CAREY-HAZELL v GETZ BROS & CO (AUST) PTY LTD, PETER THOMPSON and TREVOR NICHOLLS

W75 OF 2001 KIEFEL J BRISBANE (HEARD IN BRISBANE VIA VIDEO LINK TO PERTH) 2 SEPTEMBER 2004

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W75 OF 2001

BETWEEN: KAREN CAREY-HAZELL

APPLICANT

AND: GETZ BROS & CO (AUST) PTY LTD

FIRST RESPONDENT

PETER THOMPSON

SECOND RESPONDENT

TREVOR NICHOLLS

THIRD RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 2 SEPTEMBER 2004

WHERE MADE: BRISBANE (HEARD IN BRISBANE VIA VIDEO LINK TO PERTH)

THE COURT ORDERS THAT:

1. Each of the respondents' costs of the hearings of 5 November 2001, 17 September 2002 and 15 January 2004 be costs in the cause. 2. The applicant pay the first respondent's costs of the proceedings, including reserved costs, on a party and party basis, those costs to include its reasonable costs and expenses, which are prima facie to be taken as market rates and payable in $US, incurred in retaining lawyers in the United States of America to assist in the conduct of the litigation, including their obtaining documents for use in the trial, preparing affidavits of lay witnesses, and retaining and liaising with expert witnesses on behalf of the first respondent. 3. Any sums paid to the first respondent by way of costs are to be held in its solicitor's trust account pending the determination of the applicant's appeal, or further order. 4. The applicant pay the second and third respondents' costs of the proceedings, including reserved costs, on a party and party basis. 5. The first, second and third respondents pay any legal costs incurred by the applicant and the costs of the non-parties, Mr Norman Phillip Carey and Westpoint Corporation Pty Limited on their applications. 6. The application for a stay of the orders as to costs is dismissed. 7. The applicant pay the respondents' costs of the application for stay.