Council of the City of Sydney v Goldspar Australia Pty Limited (ACN 002 705 991)

[2005] FCA 684

FEDERAL COURT OF AUSTRALIA

Council of the City of Sydney v Goldspar Australia Pty Limited (ACN 002 705 991) [2005] FCA 684

COUNCIL OF THE CITY OF SYDNEY v GOLDSPAR AUSTRALIA PTY LIMITED (ACN 002 705 991) AND DOUGLAS RAWSON-HARRIS
N 728 OF 2002

GYLES J
25 MAY 2005
SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 728 OF 2002

BETWEEN:	COUNCIL OF THE CITY OF SYDNEY APPLICANT
AND:	GOLDSPAR AUSTRALIA PTY LIMITED (ACN 002 705 991) FIRST RESPONDENT
DOUGLAS RAWSON-HARRIS SECOND RESPONDENT
GOLDSPAR AUSTRALIA PTY LIMITED (ACN 002 705 991) CROSS CLAIMANT
COUNCIL OF THE CITY OF SYDNEY CROSS RESPONDENT

JUDGE:	GYLES J
DATE OF ORDER:	25 MAY 2005
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The cross-claimant provide further security for costs in respect of the hearing of the cross-claim in the sum of $200,000 to be paid into Court as follows:

(a)$100,000 within 21 days;

(b)$100,000 within 42 days.

2.The affidavit of Adel Khreich and any other affidavit be filed and served by 4.00 pm, 3 June 2005. 

3.The cross-claimant file and serve its affidavits in reply by 19 August 2005.

4.Each party exchange notices of objections to affidavits by 16 September 2005.

5.The cross-claim be fixed for hearing before Gyles J commencing 26 September 2005 with an estimate of 10 hearing days.

6.The cross-respondent’s Notice of Motion dated 5 April 2005 be otherwise dismissed.

7.The costs of the cross-respondent’s Notice of Motion dated 5 April 2005 be costs in the cross-claim.

8.Each party have liberty to apply on three days’ notice.

Note:   Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	N 728 OF 2002

BETWEEN:	COUNCIL OF THE CITY OF SYDNEY APPLICANT
AND:	GOLDSPAR AUSTRALIA PTY LIMITED (ACN 002 705 991) FIRST RESPONDENT
DOUGLAS RAWSON-HARRIS SECOND RESPONDENT
GOLDSPAR AUSTRALIA PTY LIMITED (ACN 002 705 991) CROSS CLAIMANT
COUNCIL OF THE CITY OF SYDNEY CROSS RESPONDENT

JUDGE:	GYLES J
DATE:	25 MAY 2005
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This is an application for security for costs of a hearing which is anticipated will take place in the second half of this year.  An earlier order for costs for security was made, which was intended to cover preparation up to the stage of trial and preparation for trial.  Thus what I am focusing upon in this hearing is the trial itself and that preparation which is associated with the trial itself.

2. I heard evidence on the last occasion and came to some very broad preliminary views which I indicated to the parties.  The parties have taken those views into consideration.  At that stage there was some doubt about the estimated time for hearing.  The parties are now agreed that, doing the best they can, it will be prudent to allow for a two week hearing and costings have been worked out on that footing.

3. I have been provided with schedules on either side, which calculate the relevant costs and expenses.  I do not need to set those out in these remarks.  Having looked at those estimates, I have come to the conclusion that a figure of $200,000 is the appropriate figure to be provided.  An initial sum of $100,000 should be provided within 21 days, and the remaining $100,000 should be provided within 42 days.

4. I make orders in accordance with the short minutes of order as amended.

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

Associate:

Dated:            30 May 2005

Counsel for the Applicant:	M Condon
Solicitor for the Applicant:	PricewaterhouseCoopers Legal
Counsel for the First and Second Respondents:	JV Nicholas SC
Solicitor for the First and Second Respondents:	Osbornes Lawyers
Date of Hearing:	25 May 2005
Date of Judgment:	25 May 2005