Contact Minerals Pty Ltd v Mineral Providers Australia Pty Ltd

[2000] FCA 1117

FEDERAL COURT OF AUSTRALIA

Contact Minerals Pty Ltd v Mineral Providers Australia Pty Ltd [2000]
FCA 1117.

CONTACT MINERALS PTY LTD & MARK ECKERSLEY v
MINERAL PROVIDERS AUSTRALIA PTY LTD, DOUGLAS KINNON, C & M LABORATORIES INTERNATIONAL INC & ROBERT A MUSACH
N 182 OF 1999

TAMBERLIN J
SYDNEY
4 AUGUST 2000

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 182 OF 1999

BETWEEN:

CONTACT MINERALS PTY LIMITED
FIRST APPLICANT

MARK ECKERSLEY
SECOND APPLICANT

AND:

MINERAL PROVIDERS AUSTRALIA PTY LIMITED
FIRST RESPONDENT

DOUGLAS KINNON
SECOND RESPONDENT

C & M LABORATORIES INTERNATIONAL INC
THIRD RESPONDENT

ROBERT A MUSACH
FOURTH RESPONDENT

JUDGE:	TAMBERLIN J
DATE:	4 AUGUST 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. The only questions concern service and costs.  On the limited evidence before me I find that the contents of the affidavit of Gary Stubbs, executed on 2 December 1999, should be accepted into evidence.  I am satisfied that service of the amended statement of claim and the documents referred to in the affidavit took place as therein set out.  I note that there is a statement by Mr Sellier asserting that he is not “a representative of C & M Labs”, and he did not accept any documents from Gary Stubbs, but in all the circumstances and having regard to the background of the matter, I prefer the sworn evidence furnished by Stubbs. 

2. That being so and my attention having been directed to the notification of this application by letter of 14 July 2000, and the filing of an appearance on behalf of the third respondent, C & M Laboratories International Inc, on 31 July 2000 I think it is appropriate in relation to the only outstanding matter of costs that the applicant on the motion should have the costs of that application, regardless of the outcome of the proceedings and I so order.

I certify that the preceding two (2) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Tamberlin.

Associate:

Dated:            21 August 2000

Solicitor for the Applicant:	Kells The Lawyers
Solicitor for the Respondents:	Coyne & Whittemore
Date of Hearing:	4 August 2000
Date of Judgment:	4 August 2000