Hanave Pty Ltd v LFOT Pty Ltd

FEDERAL COURT OF AUSTRALIA

Hanave Pty Ltd v LFOT Pty Ltd [2000] FCA 388

COSTS – construction of ambiguous costs order – surrounding circumstances – respondents succeeded at trial – Full Court upheld applicant’s appeal and made order that respondents pay costs of “hearing below” – respondents subsequently succeeded on cross-claim – part of hearing to which Full Court costs order related was taken up by hearing of cross-claim – cross-respondent was not a party to the appeal – appeal concerned only the application, not the cross-claim – whether Full Court costs order bound respondents in their capacity as cross-claimants

WORDS AND PHRASES – “hearing”

National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296, referred to
Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78, applied
Repatriation Commission v Nation (1995) 57 FCR 25, applied
Preston Erection Pty Ltd v Speedy Gantry Hire Pty Ltd [1999] FCA 122, referred to
Marsh v Adamson (1985) 5 FCR 124, applied
Shackley v Australian Croation Club Ltd (1996) 141 ALR 736, applied

HANAVE PTY LTD v LFOT PTY LIMITED (FORMERLY JAGAR PTY LIMITED) (CROSS-CLAIMANT), PAUL EWEN MITCHELL TRESIDDER (CROSS-CLAIMANT), JOSEPH RAYMOND GLEW (CROSS-CLAIMANT), ROBERT BURKE (CROSS-RESPONDENT)

NG 721 OF 1995

MOORE J

31 MARCH 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NG 721 OF 1995

BETWEEN:

HANAVE PTY LIMITED
Applicant

AND:

LFOT PTY LIMITED (formerly JAGAR PROJECTS PTY LTD)

First Respondent/Cross-claimant

PAUL EWEN MITCHELL TRESIDDER
Second Respondent/Cross-claimant

JOSEPH RAYMOND GLEW
Third Respondent/Cross-Claimant

ROBERT BURKE
Cross-respondent

JUDGE:

MOORE J

DATE OF ORDER:

31 MARCH 2000

WHERE MADE:

SYDNEY

THE COURT ORDERS THAT:

1.Subject to orders 2 and 3 the cross-respondent pay the cross-claimants’ costs of the cross-claim.

2.LFOT Pty Ltd and Paul Tresidder pay Hanave Pty Ltd half the costs of the preparation of the written submissions filed after 6 May 1999.

3.Robert Burke pay the cross-claimants half the costs of the preparation of the written submissions filed after 6 May 1999.

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	NG 721 OF 1995

BETWEEN:

HANAVE PTY LIMITED
Applicant

AND:

LFOT PTY LIMITED (formerly JAGAR PROJECTS PTY LT)

First Respondent/Cross-claimant

PAUL EWEN MITCHELL TRESIDDER
Second Respondent/Cross-claimant

JOSEPH RAYMOND GLEW
Third Respondent/Cross-claimant

ROBERT BURKE
Cross-respondent

JUDGE:	MOORE J
DATE:	31 MARCH 2000
PLACE:	SYDNEY

REASONS FOR JUDGMENT

1. On 31 August 1998 I gave judgment dismissing an application by Hanave Pty Ltd (“Hanave”) against LFOT Pty Ltd (“LFOT”), Mr Paul Tresidder and Mr Joseph Glew: see [1998] FCA 1051; (1998) ATPR 41-658. For reasons which I later explained in a costs judgment given on 11 November 1998: see [1998] FCA 1429, I made no orders in relation to a cross-claim by the respondents against Mr Robert Burke. An appeal against the judgment of 31 August 1998 was successful and on 1 April 1999 a Full…