Cortem SpA v Controlmatic Pty Ltd (No 2)

[2010] FCA 979

FEDERAL COURT OF AUSTRALIA

Cortem SpA v Controlmatic Pty Ltd (No 2) [2010] FCA 979  

Citation:		Cortem SpA v Controlmatic Pty Ltd (No 2) [2010] FCA 979
Parties:		CORTEM SPA v CONTROLMATIC PTY LTD (ACN 124 091 032) and GIUSEPPE VENUTI
File number:		VID 414 of 2008
Judge:		JESSUP J
Date of judgment:		3 September 2010
Legislation:		Federal Court of Australia Act 1976 (Cth) ss 51A and 52 Federal Court Rules O 35 r 8
Date of hearing:	Heard on the papers
Date of last submissions:	20 August 2010
Place:	Melbourne
Division:	GENERAL DIVISION
Category:	No Catchwords
Number of paragraphs:	4
Solicitor for the Applicant:	Mr B Wyatt of Rigby Cooke Lawyers
Counsel for the First Respondent:	The First Respondent did not appear
Counsel for the Second Respondent:	The Second Respondent appeared in person

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 414 of 2008

BETWEEN:

CORTEM SPA
Applicant/Cross-Respondent

AND:

CONTROLMATIC PTY LTD (ACN 124 091 032)
First Respondent/First Cross-Claimant

GIUSEPPE VENUTI
Second Respondent/Second Cross-Claimant

JUDGE:	JESSUP J
DATE OF ORDER:	3 SEPTEMBER 2010
WHERE MADE:	MELBOURNE

THE COURT ORDERS THAT:

1.Pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth), the second respondent pay the sum of $79,025.43 to the applicant by way of interest on the damages awarded under Order 2 made by the Court on 13 August 2010.

2.The second respondent pay the applicant’s costs of the Application.

3.The second respondent pay 85% of the applicant’s costs of the Cross‑claim.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
The text of entered orders can be located using Federal Law Search on the Court’s website.

IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION	VID 414 of 2008

BETWEEN:

CORTEM SPA
Applicant/Cross-Respondent

AND:

CONTROLMATIC PTY LTD (ACN 124 091 032)
First Respondent/First Cross-Claimant

GIUSEPPE VENUTI
Second Respondent/Second Cross-Claimant

JUDGE:	JESSUP J
DATE:	3 SEPTEMBER 2010
PLACE:	MELBOURNE

REASONS FOR JUDGMENT

1. In the orders which I made on 13 August 2010, I gave the applicant seven days within which to file a memorandum setting out its claims for costs and interest in this proceeding.  It did so on 20 August 2010.  I gave Mr Venuti a further seven days to respond to such a memorandum.  No such response was received.  The applicant has now moved for orders in accordance with its memorandum filed on 20 August 2010.

2. The applicant seeks its costs of the proceeding generally, and there appears to be no good reason why it should not have them, at least to the extent that they relate to its claim against the respondents.  I shall so order.  The applicant also seeks its costs of Mr Venuti’s Cross-claim, in which respect it was substantially, but not entirely, successful.  In recognition of that circumstance, I shall order that the applicant, as cross-respondent, have 85% of its costs. 

3. The applicant seeks interest on the judgment sum awarded in its favour pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth). It has calculated that entitlement in the sum of $79,025.43. That calculation seems to be in order, and no reason appears why the applicant should not have interest in accordance with it. The applicant also seeks interest on the judgment debt under s 52 of the Federal Court Act, and O 35 r 8 of the Federal Court Rules.  Such interest is the applicant’s entitlement under those provisions, and no further order is required. 

4. I shall make orders in accordance with these short reasons. 

I certify that the preceding four (4) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Jessup.

Associate:

Dated:        3 September 2010