Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2)

[2014] FCAFC 128

FEDERAL COURT OF AUSTRALIA

Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2) [2014] FCAFC 128

Citation:	Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2) [2014] FCAFC 128
Appeal from:	Beadcrete Pty Ltd v Fei Yu trading as Jewels 4 Pools (No 3) [2013] FCA 187
Parties:	FEI YU TRADING AS JEWELS 4 POOLS, JEFFERY STUART MCALISTER, PEBBLE MASTERS PTY LTD ACN 087 540 734, TWIN COAST POOLS PTY LTD ACN 104 149 484, MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169 and GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563 v BEADCRETE PTY LTD ACN 071 743 961, DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234, BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041 and DESIGNERITE PTY LTD ACN 146 670 706
File number:	NSD 977 of 2013
Judges:	DOWSETT, MIDDLETON AND ROBERTSON JJ
Date of judgment:	30 September 2014
Cases cited:	EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92
Date of hearing:	On the papers
Date of last submissions:	24 September 2014
Place:	Sydney
Division:	GENERAL DIVISION
Category:	No catchwords
Number of paragraphs:	3
Counsel for the Appellants:	Ms SJ Goddard SC with Mr HPT Bevan and Mr R Rajalingam
Solicitor for the Appellants:	Conditsis & Associates
Counsel for the Respondents:	Mr AJL Bannon SC with Mr NR Murray
Solicitor for the Respondents:	Creagh & Creagh

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 977 of 2013

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

FEI YU TRADING AS JEWELS 4 POOLS
First Appellant

JEFFERY STUART MCALISTER
Second Appellant

PEBBLE MASTERS PTY LTD ACN 087 540 734
Third Appellant

TWIN COAST POOLS PTY LTD ACN 104 149 484
Fourth Appellant

MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169
Fifth Appellant

GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563
Sixth Appellant

AND:

BEADCRETE PTY LTD ACN 071 743 961
First Respondent

DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234
Second Respondent

BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041
Third Respondent

DESIGNERITE PTY LTD ACN 146 670 706
Fourth Respondent

JUDGES:	DOWSETT, MIDDLETON AND ROBERTSON JJ
DATE OF ORDER:	30 SEPTEMBER 2014
WHERE MADE:	SYDNEY

THE COURT ORDERS THAT:

1.The Appellants pay the Respondents’ costs of the appeal.

Note:    Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY
GENERAL DIVISION	NSD 977 of 2013

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN:

FEI YU TRADING AS JEWELS 4 POOLS
First Appellant

JEFFERY STUART MCALISTER
Second Appellant

PEBBLE MASTERS PTY LTD ACN 087 540 734
Third Appellant

TWIN COAST POOLS PTY LTD ACN 104 149 484
Fourth Appellant

MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169
Fifth Appellant

GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563
Sixth Appellant

AND:

BEADCRETE PTY LTD ACN 071 743 961
First Respondent

DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234
Second Respondent

BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041
Third Respondent

DESIGNERITE PTY LTD ACN 146 670 706
Fourth Respondent

JUDGES:	DOWSETT, MIDDLETON AND ROBERTSON JJ
DATE:	30 SEPTEMBER 2014
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. This appeal was dismissed by orders made on 10 September 2014. The parties were then directed to exchange submissions as to costs and file the same within 14 days.

2. The appellants made no submissions. The respondents submitted that the appropriate order was that the appellants pay the respondents’ costs of the appeal, referring to EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92 at [9] and the principles and authorities there considered.

3. We agree that the appropriate costs order is as contended for by the respondents. This was not a mixed result case and there is no reason to depart from the general principle that a successful party will obtain an order for costs in its favour.

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Dowsett, Middleton and Robertson.

Associate:

Dated:        30 September 2014