Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Territory Realty Pty Ltd v Garraway (No 2) [2009] FCA 739
TERRITORY REALTY PTY LTD (ACN 009 644 339), DAVID JOHN BOOTH and JOHN DAVID SANDERS v ALLAN CHARLES GARRAWAY, HERBERT THOMAS HASSALL, ROBERT GEORGE KENDRAY, H & K EARTHMOVING PTY LTD (ACN 009 624 202), EXCESS PTY LTD (ACN 009 608 217), BISHOP ESTATE PTY LTD (ACN 070 455 837) and DUNDEE BEACH PTY LTD (ACN 009 631 136)
NTD 10 of 2007
MANSFIELD J
10 JULY 2009
ADELAIDE
IN THE FEDERAL COURT OF AUSTRALIA
NORTHERN TERRITORY DISTRICT REGISTRY
GENERAL DIVISION NTD 10 of 2007
BETWEEN: TERRITORY REALTY PTY LTD (ACN 009 644 339)
First Applicant
DAVID JOHN BOOTH
Second Applicant
JOHN DAVID SANDERS
Third Applicant
AND: ALLAN CHARLES GARRAWAY
First Respondent
HERBERT THOMAS HASSALL
Second Respondent
ROBERT GEORGE KENDRAY
Third Respondent
H & K EARTHMOVING PTY LTD (ACN 009 624 202)
Fourth Respondent
EXCESS PTY LTD (ACN 009 608 217)
Fifth Respondent
BISHOP ESTATE PTY LTD (ACN 070 455 837)
Sixth Respondent
DUNDEE BEACH PTY LTD (ACN 009 631 136)
Seventh Respondent
JUDGE: MANSFIELD J
DATE OF ORDER: 10 JULY 2009
WHERE MADE: ADELAIDE
THE COURT ORDERS THAT:
1. The first, fifth and sixth respondents pay to the applicants 50% of their costs of the proceedings to be taxed. 2. In the event that the first, fifth and sixth respondents do not pay to the applicants the costs ordered in Order 1 hereof, the applicants have liberty to apply to the intent that they may renew their application for costs as against the second, fourth and seventh respondents, or one or more of those respondents. 3. The first, fifth and sixth respondents have liberty to apply within 28 days to seek contribution from the second, fourth and seventh respondents, or one or more of those respondents to the costs ordered in Order 1 hereof. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. The text of entered orders can be located using eSearch on the Court's website. IN THE FEDERAL COURT OF AUSTRALIA
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