Dutton & Dutton v Jalapen Pty Ltd & Ors [1991] QSC 136

10 20 30 40 50 60 IN THE SUPREME COURT OF QUEENSLAND COMMERCIAL CAUSES JURISDICTION BEFORE MR. JUSTICE AMBROSE BRISBANE, 12 APRIL 1991 (Copyright in this transcript is vested in the Crown. Copies thereof must not be made or sold without the written authority of the Chief Court Reporter, Court Reporting Bu_reau.) BETWEEN: BETWEEN: - ' - 'vt. Printer, Qld. No. 4025 of 1989 RALF DUTTON and KAREEN DUTTON Plaintiffs -and- JALAPEN PTY. LTD. First Defendant -and- VICTOR ANTHONY PICCONE Second Defendant -and- COLEFAX CLAYTON SMITH PTY. LTD. Third Defendant -and- CAIRNS CITY COUNCIL Fourth Defendant -and- MACDONALD WAGNER PTY. LTD. Fifth Defendant No. 4024 of 1989 WARREN JAMES STONE and ROBYN HAZEL STONE Plaintiffs -and- .. ~--.. 1 10 20 30 40 50 -- 1 of 3 -- /~ I 10 20 30 40 so JALAPEN PTY. LTD. -and- VICTOR ANTHONY PICCONE, GIOVANNI POPULIN and JOHN MAMMINO -and- COLEFAX CLAYTON SMITH PTY. LTD. -and- CAIRNS CITY COUNCIL -and- CONSTRUCTION SOIL TEST PTY. LTD. -and- GARY FITCH ORDER First Defendant Second Defendants Third Defendant Fourth Defendant Fifth Defendant Sixth Defendant HIS HONOUR: I order in respect of both actions, that is with respect to action no. 4025 of 1989 and action no. 4024 of 1989, that the first defendant and the second defendant in each of those actions pay to the plaintiffs their costs of and incidental to those actions, including reserved costs, if any, to be taxed. With respect to action no. 4025 of 1989 I order that the fifth defendant, MacDonald Wagner Pty. Ltd., pay to the plaintiffs their costs in that action, including reserved costs, if any, to be taxed, such costs to be taxed on the basis that the hearing of the trial in which they were involved lasted for six days only. HIS HONOUR: In action no. 4025 of 1989 I order that 10 20 30 40 50 60 ________________________________) 60 cvt. Printer, Old. 2 -- 2 of 3 -- 10 20 30 40 50 60 the first defendant pay the third defendant's costs of and incidental to the action as between the plaintiff and the third defendant, including reserved costs, if any, to be taxed. I make an identical order with respect to the second defendant, that is, that the second defendant pay the third defendant's costs of and incidental to the action between the plaintiff and the third defendant, including reserved costs, if any, to be taxed. In action no. 4024 of 1989 I order that the first defendant in that action pay the third defendant's costs of and incidental to the action between the plaintiff and the third defendant, including reserved costs, if any, to be taxed. I make a similar order with respect to the second defendant, which is that the second defendant pay the third defendant's costs of and incidental to the action as between the plaintiff and the third defendant, including reserved costs, if any, to be taxed. ••. --:~·wt. Printer, Qld. 3 10 20 30 40 50 60 -- 3 of 3 --