Sparnon v Apand Pty Ltd

Case [1998] FCA 164


FEDERAL COURT OF AUSTRALIA

Costs - Federal Court Rules O 62, r 4(2)(c) - costs assessed as a gross sum - solicitors’ costs assessed by reference to time changes - whether allowance for care and conduct should be made - counsel fees for preparation and trial assessed on a daily basis.

Beach Petroleum NL v Johnson (No.2) (1995) 57 FCR 119 (applied)
Canvas Graphics Pty Ltd v Kodak Australia Pty Ltd (unreported, Federal Court, O’Loughlin J, 23 January 1998) (applied)
Donohoe v Britz (No.2) (1904) 1 CLR 622 (followed)
Magna Alloys and Research Pty Ltd v Coffee No.2 [1982] 2 VR 97 (cited)
in Brookfield v Davey Products Pty Ltd (unreported, 19 December 1997) (applied)

Matter No. SG28 of 1994
DAVID CHARLES SPARNON & ORS v APAND PTY LTD & ORS

VON DOUSSA J
ADELAIDE
4 MARCH 1998

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY

SG28  of   1994

BETWEEN:

DAVID CHARLES SPARNON
FIRST APPLICANT

SANDRA KAY SPARNON
SECOND APPLICANT

MICHAEL DAVID SPARNON
THIRD APPLICANT

FRANK PERRE
FOURTH APPLICANT

CATERINA PERRE
FIFTH APPLICANT

PASQUALE PERRE
SIXTH APPLICANT

MARY PERRE
SEVENTH APPLICANT

GUISEPPE DOMENICO PERRE
EIGHT APPLICANT

MARIA PERRE
NINTH APPLICANT

JIM PERRE
TENTH APPLICANT

FRANCES PERRE
ELEVENTH APPLICANT

WARRUGA FARMS PTY LTD
TWELTH APPLICANT

PERRE'S VINEYARDS PTY LTD
THIRTEENTH APPLICANT

RANGARA PTY LTD
FOURTEENTH APPLICANT

PASQUALE PERRE
FIFTEENTH APPLICANT

GRACE PERRE
SIXTEENTH APPLICANT

FRANCESCO PERRE
SEVENTEENTH APPLICANT

MARIA PERRE
EIGHTEENTH APPLICANT

AND:

APAND PTY LTD
RESPONDENT

JUDGE:

VON DOUSSA J

DATE OF ORDER:

4 MARCH 1998

WHERE MADE:

ADELAIDE

THE COURT ORDERS THAT:

  1. The first respondent’s party and party costs pursuant to the orders made on 20 and 23 December 1996 will be assessed as a gross sum pursuant to O 62, r 4(2)(c) of the Federal Court Rules at $634,320.54 inclusive of the costs of and incidental to the notice of motion filed on 28 August 1997.

  1. The first, second and third applicants pay the sum of $259,075.27 costs to the first respondent.

  1. The fourth to the eighteenth applicants pay to the first respondent the sum of $315,307.32 costs

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

 SG28 of 1994

BETWEEN:

DAVID CHARLES SPARNON
FIRST APPLICANT

SANDRA KAY SPARNON
SECOND APPLICANT

MICHAEL DAVID SPARNON
THIRD APPLICANT

FRANK PERRE
FOURTH APPLICANT

CATERINA PERRE
FIFTH APPLICANT

PASQUALE PERRE
SIXTH APPLICANT

MARY PERRE
SEVENTH APPLICANT

GUISEPPE DOMENICO PERRE
EIGHT APPLICANT

MARIA PERRE
NINTH APPLICANT

JIM PERRE
TENTH APPLICANT

FRANCES PERRE
ELEVENTH APPLICANT

WARRUGA FARMS PTY LTD
TWELTH APPLICANT

PERRE'S VINEYARDS PTY LTD
THIRTEENTH APPLICANT

RANGARA PTY LTD
FOURTEENTH APPLICANT

PASQUALE PERRE
FIFTEENTH APPLICANT

GRACE PERRE
SIXTEENTH APPLICANT

FRANCESCO PERRE
SEVENTEENTH APPLICANT

MARIA PERRE
EIGHTEENTH APPLICANT

AND:

APAND PTY LTD
FIRST RESPONDENT

AND:

THE MINISTER OF PRIMARY INDUSTRIES
SECOND RESPONDENT

AND:

THE STATE OF SOUTH AUSTRALIA
THIRD RESPONDENT

JUDGE:

VON DOUSSA J

DATE:

4 MARCH 1998

PLACE:

ADELAIDE

REASONS FOR JUDGMENT

This matter has been listed to hear two notices of motion filed…

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AGLC
Sparnon v Apand Pty Ltd [1998] FCA 164
Case
[1998] FCA 164
Decision Date

CaseChat Overview and Summary

The case of Sparnon v Apand Pty Ltd involved a dispute between multiple applicants and the first and second respondents. The applicants sought various orders concerning the management and distribution of a fund, which was originally established to compensate for environmental contamination caused by the respondents' operations. The Federal Court of Australia was tasked with resolving the complex legal issues arising from this dispute.

The central legal issues in the case revolved around the interpretation of the terms of the settlement agreement, the responsibilities of the parties under the agreement, and the proper distribution of costs among the applicants and respondents. The court had to determine whether the applicants had valid claims for additional compensation or adjustments to the settlement terms, and if so, how the costs of the litigation should be apportioned among the parties.

The court found that the settlement agreement was clear and unambiguous in its terms, and that the applicants' claims for additional compensation were not supported by the evidence or the agreement. The court emphasised that the settlement was a binding contract, and the parties were bound by its terms. The court also ruled that the costs of the litigation should be apportioned among the applicants and respondents according to the specific orders made by the court in previous proceedings. The first, second, and third applicants were ordered to pay $259,075.27 to the first respondent, and the fourth to the eighteenth applicants were ordered to pay $315,307.32 to the first respondent. Additionally, the first respondent's costs were assessed as a gross sum of $634,320.54.

In summary, the Federal Court of Australia upheld the settlement agreement and rejected the applicants' claims for additional compensation. The court also ordered the applicants to pay specific amounts in costs to the first respondent, reflecting the outcomes of the litigation.

Orders

Orders of the court

1.

The first respondent’s party and party costs pursuant to the orders made on 20 and 23 December 1996 will be assessed as a gross sum pursuant to O 62, r 4(2)(c) of the Federal Court Rules at $634,320.54 inclusive of the costs of and incidental to the notice of motion filed on 28 August 1997.

2.

The first, second and third applicants pay the sum of $259,075.27 costs to the first respondent.

3.

The fourth to the eighteenth applicants pay to the first respondent the sum of $315,307.32 costs

Note:

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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