Hardie Rubber Co Pty Ltd v General Tire & Rubber Co [1973] HCA 66

High Court of Australia Barwick C.J. Gibbs J. McTiernan A.C.J. Walsh, Stephen and Mason JJ. Hardie Rubber Co Pty Ltd v General Tire & Rubber Co

ORDER Vary the order made on 9th June 1971 as follows:

(1) By deleting from page 6 of the order the words "And it is further ordered that the parties in this action do make at the hearing before such tribunal all such objections whether as to the form or substance of said questions or answers as they may wish this Honourable Court to consider on the trial of this action".

(2) By inserting after the words "saving all just exceptions" where they appear on page 6 of the order the words "Provided however that the Justice at the trial may in his discretion refuse to allow any such evidence to be given, or may impose terms on the giving of any such evidence, if it seems just to him to do so".

(3) By deleting the words "And it is further ordered that the costs of and occasioned by this application and of the said letter of request and examination be costs in the cause" and by inserting in lieu thereof the following words: And it is further ordered that before proceeding further under this order the plaintiff do give security, to be settled by the Registrar, to pay to the defendant all such costs of and occasioned by the letter of request as the Justice at the trial may think he ought to pay, whatever the result of the action may be.

And it is further ordered that the costs of and occasioned by this application and of the said letter of request and examination be reserved.

Orders in accordance with the draft order submitted on behalf of the parties subject to the substitution in the letters of request being Schedules thereto of the name and designation of the Acting Chief Justice for those of the Chief Justice and subject to the variations set out in the affidavit of John Michael Dowling sworn 20th June 1973.