Allied Express Transport Pty Ltd v BAX Global (Aust) Pty Ltd (No 3)

In the Federal Court of Australia, Allied Express Transport Pty Ltd sued BAX Global (Aust) Pty Ltd, claiming damages for breach of contract. BAX Global counter-claimed for damages, asserting that Allied Express Transport breached their contract by failing to deliver goods on time. The case involved whether BAX Global could use parts of their case files that were not presented as evidence and whether the case should be reopened after the main reasons for the judgment were published. Additionally, the case dealt with whether BAX Global could legally offset costs claimed by Allied Express Transport.

The court addressed whether BAX Global could rely on parts of their case files that were not admitted as evidence. It also considered whether the case should be reopened after the main reasons for the judgment were published. Moreover, the court examined whether BAX Global's cross-claim for damages for breach of contract could legally offset costs claimed by Allied Express Transport.

The court found that BAX Global was not entitled to rely on parts of their case files that were not admitted as evidence. The court held that the case should not be reopened after the main reasons for the judgment were published. The court further determined that BAX Global's cross-claim for damages for breach of contract was legally able to offset costs claimed by Allied Express Transport. The court reasoned that since the cross-claim was filed as a distinct part of the same proceedings, it should be considered as a single event for the purpose of determining costs.

As a result, the court ruled that BAX Global could offset the costs claimed by Allied Express Transport against the damages claimed in the cross-claim. This decision highlighted the importance of the principle that costs follow the event, and that the cross-claim was an integral part of the same proceedings.