FEDERAL COURT OF AUSTRALIA
Walker v Citigroup Global Markets Pty Ltd [2005] FCA 1866
INTEREST – section 51A of the Federal Court of Australia Act 1976 (Cth) – requirement of application for award of interest – delay in making application – whether O 35 r 7 of the Federal Court Rules applied – rate of interest – the Court’s usual practice – whether State interest rates were commercial
COSTS – indemnity costs – whether the respondents should have known that they had no chance of success on the question of liability – failure to make proper discovery
Trade Practices Act 1974 (Cth), s 52
Federal Court of Australia Act 1976 (Cth), s 4, 24, 51A
Penalty Interest Rates Act 1983 (Vic)Federal Court Rules 1979 (Cth), O 35 r 7
Walker v Citigroup Global Markets Pty Ltd [2005] FCA 1678 discussed
Walker v Salomon Smith Barney Australia Securities Pty Ltd [2003] FCA 1099 discussed
Kewside Pty Ltd v Warman International Ltd (1990) ATPR 41-012 referred to
Pheeney v Doolan (No. 2) [1977] 1 NSWLR 601 discussed
Hanave Pty Ltd v LFOT Pty Ltd (2004) 136 FCR 566 discussed
Driclad Pty Ltd v Commissioner of Taxation (1968) 121 CLR 45 referred to
Ah Toy v Registrar of Companies (1985) 10 FCR 280 cited
Hi-Fert Pty Ltd v Kiukiang Maritime Carriers Inc(No 2) (1998) 155 ALR 328 cited
Hannpost Pty Ltd v Mita Copiers Australia Pty Ltd (1996) 137 ALR 701 cited
Hanave Pty Ltd v LFOT Pty Ltd [2003] FCA 1154 referred to
GEC Marconi Systems Pty Limited v BHP Information Technology Pty Limited (2003) 201 ALR 55 discussed
Namol Pty Ltd v AW Baulderstone Pty Ltd (No 2) (1993) 47 FCR 388 referred to
EMCL Pty Ltd v ESANDA Finance Corp Ltd [1999] FCA 978 applied
Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 applied
Abbott v Random House Australia Pty Ltd [1999] FCA 1540 referred to
Colgate-Palmolive Company v CussonsPty Ltd (1993) 46 FCR 225 followed
Yates v Boland [2000] FCA 1895 appliedDAVID WALKER v CITIGROUP GLOBAL MARKETS PTY LTD (FORMERLY SALOMON SMITH BARNEY AUSTRALIA SECURITIES PTY LIMITED) AND CITIGROUP GLOBAL MARKETS AUSTRALIA HOLDINGS PTY LTD (FORMERLY SALOMON SMITH BARNEY AUSTRALIA PTY LIMITED)
VID 531 OF 1998
KENNY J
19 DECEMBER 2005
MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
VID 531 OF 1998
BETWEEN:
DAVID WALKER
APPLICANTAND:
CITIGROUP GLOBAL MARKETS PTY LTD (FORMERLY SALOMON SMITH BARNEY AUSTRALIA SECURITIES PTY LIMITED)
FIRST RESPONDENTCITIGROUP GLOBAL MARKETS AUSTRALIA HOLDINGS PTY LTD (FORMERLY SALOMON SMITH BARNEY AUSTRALIA PTY LIMITED)
SECOND RESPONDENTJUDGE:
KENNY J
DATE OF ORDER:
19 DECEMBER 2005
WHERE MADE:
MELBOURNE
THE COURT ORDERS THAT:
1.There be judgment for the applicant against the first respondent in the sum of $41,566, being the principal sum of $22,917 together with interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of $18,649.
2.There be judgment for the applicant against the second…
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- Case
- [2005] FCA 1866
- Decision Date
CaseChat Overview and Summary
The court held that the plaintiff was entitled to interest on the awarded damages, rejecting the defendants' arguments. The court found that the defendants' contention of delay in applying for interest was not supported by the law, as there was no requirement for the plaintiff to apply for interest within a specific timeframe. The court also dismissed the argument that procedural defects in the application for interest warranted denying the award, finding that the application was made in a timely manner and was valid. The court emphasised that the reasons for judgment did not constitute a 'judgment' for the purposes of Section 4 or 24 of the Act or Order 35 Rule 7 of the Federal Court Rules 1979 (Cth), and that the orders made on 23 November 2005 did not dispose of the proceedings before the court.
The court awarded the plaintiff damages and interest under Section 51A of the Federal Court of Australia Act 1976 (Cth). The court also declared that the second respondent engaged in misleading and deceptive conduct under Section 52 of the Trade Practices Act 1974 (Cth). The court ordered the defendants to pay the plaintiff's costs incurred in relation to the respondents' failure to make timely discovery of the due diligence report and the employee lists, on a full indemnity basis. The court also ordered the defendants to pay the plaintiff's costs of and incidental to this proceeding on a party and party basis.
Orders
Orders of the court
1. There be judgment for the applicant against the first respondent in the sum of $41,566, being the principal sum of $22,917 together with interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of $18,649.
2. There be judgment for the applicant against the second respondent in the sum of $1,307,919.35, being the principal sum of $721,113.35 together with interest pursuant to s 51A of the Federal Court of Australia Act 1976 (Cth) in the sum of $586,806.00.
3. The respondents pay the applicant’s costs incurred in relation to the respondent’s failure to make timely discovery of the due diligence report and the employee lists (“the indemnity costs”), on a full indemnity basis, the indemnity costs to include all costs, including reserved costs, incurred by the applicant except in so far as they are of an unreasonable amount or have been unreasonably incurred, so that subject to these exceptions, the applicant is completely indemnified by the respondent.
4. Save for costs referred to in paragraph 3 above, the respondents pay the costs of the applicant of and incidental to this proceeding on a party and party basis.
AND THE COURT DECLARES:
1. The second respondent Citigroup Global Markets Australia Holdings Pty Limited (formerly known as Salomon Smith Barney Australia Pty Limited) (ACN 081 472 684), in representing to the applicant on 13 February 1998 that after the purchase by it of County NatWest Securities Australia Ltd he would be employed by the second respondent on the same terms and conditions as had been agreed in a Contract of Employment entered into by the applicant and County NatWest Securities Australia Ltd on 16 January 1998, engaged in misleading and deceptive conduct contrary to s 52 of the Trade Practices Act 1974.
2. The second respondent Citigroup Global Markets Australia Holdings Pty Limited (formerly known as Salomon Smith Barney Australia Pty Limited) (ACN 081 472 684), in representing to the applicant on 20 February 1998 that there were positions available to him in its Corporate Finance Department and that it would be likely that a position would be offered to him, engaged in misleading and deceptive conduct contrary to s 52 of the Trade Practices Act 1974.
Background
Background to the litigation
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Evidence
Evidence Before The Court
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Decision
Reasons for decision
Ratio Decidendi
Legal Principle Established
Established by: KENNY J
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