Rawley Pty Ltd ACN 009 027 454 v Bell

[2007] FCA 521

FEDERAL COURT OF AUSTRALIA

Rawley Pty Ltd ACN 009 027 454 v Bell [2007] FCA 521

RAWLEY PTY LTD (ACN 009 027 454) AS TRUSTEE FOR THE TILTFORM UNIT TRUST & CONNOISSEUR HOLDINGS PTY LTD (ACN 009 441 007) v GEOFFREY YORK BELL, ROBERT RADOVAN SLADOJEVIC & TILTFORM LICENSING PTY LTD (ACN 083 878 666)

No SAD 80 of 2002

AMIN FRANCES CHEHADE v GEOFFREY YORK BELL, ROBERT RADOVAN SLADOJEVIC & TILTFORM LICENSING PTY LTD (ACN 083 878 666)

No SAD 55 of 2002

FINN J
11 APRIL 2007
ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 80 OF 2002

BETWEEN:

RAWLEY PTY LTD ACN 009 027 454
AS TRUSTEE FOR THE TILTFORM UNIT TRUST
First Applicant

CONNOISSEUR HOLDINGS PTY LTD
ACN 009 441 007
Second Applicant

AND:

GEOFFREY YORK BELL
First Respondent/Cross Claimant

ROBERT RADOVAN SLADOJEVIC
Second Respondent

TILTFORM LICENSING PTY LTD
ACN 083 878 666
Third Respondent

CGU INSURANCE LIMITED
ABN 2700 4478 374
First Cross Respondent

OAMPS INSURANCE LIMITED
ABN 3400 5543 920
Second Cross Respondent

JUDGE:

FINN J

DATE OF ORDER:

11 APRIL 2007

WHERE MADE:

ADELAIDE

THE COURT DIRECTS THAT:

1.        Order 3 of the orders made by Selway J on 23 February 2005 be corrected to:

3.The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal advisers to the applicant rather than against the applicant.  Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.

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

IN THE FEDERAL COURT OF AUSTRALIA
SOUTH AUSTRALIA DISTRICT REGISTRY	SAD 55 OF 2002

BETWEEN:

AMIN FRANCES CHEHADE
Applicant

AND:

GEOFFREY YORK BELL
First Respondent/Cross Claimant

ROBERT RADOVAN SLADOJEVIC
Second Respondent

TILTFORM LICENSING PTY LTD
ACN 083 878 666
Third Respondent

CGU INSURANCE LIMITED
ABN 2700 4478 374
First Cross Respondent

OAMPS INSURANCE LIMITED
ABN 3400 5543 920
Second Cross Respondent

JUDGE:

FINN J

DATE OF ORDER:

11 APRIL 2007

WHERE MADE:

ADELAIDE

THE COURT DIRECTS THAT:

1.        Order 3 of the orders made by Selway J on 23 February 2005 be corrected to:

3.The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal advisers to the applicant rather than against the applicant.  Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.

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

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SAD 80 OF 2002

BETWEEN:

RAWLEY PTY LTD ACN 009 027 454
AS TRUSTEE FOR THE TILTFORM UNIT TRUST
First Applicant

CONNOISSEUR HOLDINGS PTY LTD
ACN 009 441 007
Second Applicant

GEOFFREY YORK BELL
First Respondent/Cross Claimant

ROBERT RADOVAN SLADOJEVIC
Second Respondent

TILTFORM LICENSING PTY LTD
ACN 083 878 666
Third Respondent

CGU INSURANCE LIMITED
ABN 2700 4478 374
First Cross Respondent

OAMPS INSURANCE LIMITED

ABN 3400 5543 920
Second Cross Respondent

SAD 55 OF 2002

BETWEEN:

AMIN FRANCES CHEHADE
Applicant

AND:

GEOFFREY YORK BELL
First Respondent/Cross Claimant

ROBERT RADOVAN SLADOJEVIC
Second Respondent

TILTFORM LICENSING PTY LTD
ACN 083 878 666
Third Respondent

CGU INSURANCE LIMITED

ABN 2700 4478 374
First Cross Respondent

OAMPS INSURANCE LIMITED
ABN 3400 5543 920
Second Cross Respondent

JUDGE:

FINN J

DATE:

11 APRIL 2007

PLACE:

ADELAIDE

REASONS FOR JUDGMENT

1. The first cross-respondent, CGU Insurance Limited, has notified the Court of what appears to be an obvious error in an order made by Selway J on 23 February 2005, which order has not yet been entered.  A transcript of the proceedings before his Honour on that date clearly indicates that his Honour’s proposed Order 3: 

   “3.The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents should be made against the former legal advisers to the applicant rather than against the applicant respondents and cross-respondents.  Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.”

   was to be amended so as to extend in the following fashion to cross-respondents:

   “3.The applicant to have five weeks from today’s date to file any written submissions it may seek to make as to whether an order for indemnity costs in favour of the respondents and cross-respondents should be made against the former legal advisers to the applicant rather than against the applicant.  Those submissions, if any, are to be served upon any former legal advisers identified in any written submissions.”

2. It is obvious from the transcript that the omission of this amendment from the Order of the Court was a clerical mistake or accidental omission:  cf O 35 r 7(3) of the Federal Court Rules;  and as such may be corrected by the Court. 

3. I direct that that correction be made to Order 3 of the orders made by Selway J on 23 February 2005. 

I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justice Finn.

Associate:

Dated:        11 April 2007

No SAD 80 of 2002

Counsel for the 1st and 2nd Applicant:	Mr Heywood-Smith QC and Mr Harms
Solicitor for the 1st and 2nd Applicant:	Montgomery & Co
Counsel for the 1st Respondent/Cross Claimant:	The 1st Respondent/Cross Claimant appeared in person.
Counsel for the 2nd Respondent:	Mr C Munt
Solicitor for the 2nd Respondent:	von Doussas
Counsel for the 1st Cross Respondent:	Mr Trim QC and Mr Crocker
Solicitor for the 1st Cross Respondent:	Minter Ellison
No SAD 55 of 2002
Counsel for the Applicant:	Mr Heywood-Smith QC and Mr Harms
Solicitor for the Applicant:	Montgomery & Co
Counsel for the 1st Respondent/Cross Claimant:	The 1st Respondent/Cross Claimant appeared in person.
Counsel for the 2nd Respondent:	Mr C Munt
Solicitor for the 2nd Respondent:	von Doussas
Counsel for the 1st Cross Respondent:	Mr Trim QC and Mr Crocker
Solicitor for the 1st Cross Respondent:	Minter Ellison
Date of Judgment:	11 April 2007