SS & M Ceramics Pty Ltd v Jones

[1992] QCA 467

COURT OF APPEAL

[1992] QCA 467

DAVIES JA
McPHERSON JA
WILLIAMS J

APPEAL NO. 208 OF 1992

S. S. & M. CERAMICS PTY. LTD.

Appellant (Plaintiff)

v.

ROBERT WILLIAM JONES
AND ELIZABETH MARY JONES

Respondents (Defendants)

BRISBANE

... DATE 03/12/92

ORDER

DAVIES JA:  During the course of argument in this matter this morning, the members of the Court intimated our views as to what we thought the order should be.  In consequence of that, the parties have agreed upon the form of order, subject to the question of costs, and the result is that I propose to initial the form of the order which is handed up to me, subject to two alterations which I have made.  One is, that I have deleted from order 3 and of the costs of this appeal, because we do not propose to make any order with respect to the cost of this appeal, and I have added to paragraph 4, after the words, "And less any adjustment under the contract", the words, "and the sum referred to in clause 4.1.2."  The order will then be in the form initialled by me and placed with the papers.

MR. SOFRONOFF:  Your Honours would also have to delete from 4.1.3 the words, "And the cost of the appeal."

DAVIES JA:  Thank you.  I do.  I've done that.  Thank you.