New Guinea Line Pty Limited v Board of Trustees of Papua New Guinea National Museum & Art Gallery

[2006] FCA 593

FEDERAL COURT OF AUSTRALIA

New Guinea Line Pty Limited v Board of Trustees of Papua New Guinea National Museum & Art Gallery [2006] FCA 593

NEW GUINEA LINE PTY LIMITED AND ANOR v THE BOARD OF TRUSTEES OF PAPUA NEW GUINEA NATIONAL MUSEUM & ART GALLERY & ORS
NSD 1048 of 2005

ALLSOP J
19 MAY 2006

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY	NSD 1048 of 2005

BETWEEN:

NEW GUINEA LINE PTY LIMITED
FIRST APPLICANT

THE CHINA NAVIGATION COMPANY LIMITED T/A CHIEF CONTAINER SERVICE
SECOND APPLICANT

AND:

THE BOARD OF TRUSTEES OF PAPUA NEW GUINEA NATIONAL MUSEUM & ART GALLERY
FIRST RESPONDENT

SOROI EOE - DIRECTOR OF PAPUA NEW GUINEA NATIONAL MUSEUM & ART GALLERY
SECOND RESPONDENT

75TH SQUADRON FLYING MUSEUM
THIRD RESPONDENT

BRUNO CARNOVALE - DIRECTOR 75TH SQUADRON FLYING MUSEUM
FOURTH RESPONDENT

JUDGE:

ALLSOP J

DATE OF ORDER:

19 MAY 2006

WHERE MADE:

SYDNEY

THE COURT:

1.Orders that the first and second respondents pay the costs of the third and fourth respondents of the proceedings, such costs to include the costs paid by the third and fourth respondents to the applicants.

2.Directs that on or before 26 May 2006 Mr Rea file an affidavit setting out the steps he has taken in satisfaction of the orders of 21 April 2006 and forwarding today's orders to the first and second respondents and the Independent State of Papua New Guinea.

3.Orders that the proceeding stand over to 30 June 2006.

4.Orders that subject to compliance with the directions in [2] above Mr Rea be excused from further attendance.

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	NSD 1048 of 2005

BETWEEN:

NEW GUINEA LINE PTY LIMITED
FIRST APPLICANT

THE CHINA NAVIGATION COMPANY LIMITED T/A CHIEF CONTAINER SERVICE
SECOND APPLICANT

AND:

THE BOARD OF TRUSTEES OF PAPUA NEW GUINEA NATIONAL MUSEUM & ART GALLERY
FIRST RESPONDENT

SOROI EOE - DIRECTOR OF PAPUA NEW GUINEA NATIONAL MUSEUM & ART GALLERY
SECOND RESPONDENT

75TH SQUADRON FLYING MUSEUM
THIRD RESPONDENT

BRUNO CARNOVALE - DIRECTOR 75TH SQUADRON FLYING MUSEUM
FOURTH RESPONDENT

JUDGE:

ALLSOP J

DATE:

19 MAY 2006

PLACE:

SYDNEY

REASONS FOR JUDGMENT

1. In this matter, I made orders on 21 April 2006 ordering Mr Rea, the solicitor who was retained by the first and second respondents in the matter, to correspond with both the Independent State of Papua New Guinea in the first instance with the Department of Justice and the Attorney-General and with his clients or erstwhile clients.  I leave aside the question of the effectiveness of his termination of retainer.  The two matters which Mr Rea was to correspond with those parties about were the compliance with the undertaking given to this Court through Mr Rea and his then retained counsel, Mr Lockhart, on behalf of the Independent State of Papua New Guinea.

2. The second issue was why I should not make an order for costs against the first and second respondents in the matter. By 21 April 2006 there had been a substantial resolution of the issues between the respective parties being the applicants and the third and fourth respondents which was finalised on Monday, 24 April 2006 on which day I made other orders which are on the file.  I am satisfied with the material that Mr Rea has put before me that he has communicated with the Board of Trustees of the Papua New Guinea National Museum and Art Gallery and Mr Eoe and no submissions have been filed by those parties.

3. It was the assertion by the first and second respondents of interest in the goods which led to the whole proceedings being taken by the applicants.  The first and second respondents have lost their proceedings in Papua New Guinea and the appeal against that judgment has been abandoned.  The goods are now in the possession of the third and fourth respondents who have been forced to participate in these proceedings by reason of the claims that were made principally by the first and second respondents.  I see no reason why the first and second respondents should not pay the costs of the third and fourth respondents of the proceedings, such costs to include the costs paid by the third and fourth respondents to the applicants and I so order.

4. I will make a direction that on or before 26 May 2006 Mr Rea file an affidavit setting out steps he has taken in satisfaction of the orders of 21 April 2006 and forwarding today's orders to the first and second respondents and the Independent State of Papua New Guinea and I stand the matter over to 30 June 2006 and subject to compliance with that order I excuse Mr Rea from further attendance.

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

Associate:

Dated:            23 May 2006

The Applicants did not appear.
Counsel for the 1 & 2 Respondents:	Mr J Rea
Solicitor for the 1 & 2 Respondents:	S Moran & Co
Counsel for 3 & 4 Respondents:	Mr H Halligan
Solicitor for the 3 & 4 Respondents:	Dwyer & Co
Date of Hearing:	19 May 2006
Date of Judgment:	19 May 2006