Kebaro Pty Ltd v Saunders [2003] FCAFC 5

FEDERAL COURT OF AUSTRALIA

Kebaro Pty Ltd v Saunders [2003] FCAFC 5

COSTS – appeal to Full Court from non-party costs order awarded in favour of successful respondents – where applicants at trial people of straw – whether primary Judge erred in finding that interests of justice required non-party costs order – whether primary Judge erred in finding that non-party had a relevant interest in the litigation – whether primary Judge erred in finding that non-party played an active part in the litigation – whether primary Judge should have found that failure of respondents to give notice to non-party disentitled them to costs order – no basis for appellate intervention.

Federal Court of Australia Act 1976 (Cth) ss 43, 56 Real Property Act 1886 (SA) s 136

Aiden Shipping Co Ltd v Interbulk Ltd [1986] 1 AC 965 applied Bischof v Adams [1992] 2 VR 198 considered Arundel Chiropractic Centre Pty Ltd v Deputy Commissioner of Taxation (2001) 179 ALR 406 followed Carborundum Abrasives Ltd v Bank of New Zealand (No. 2) [1992] 3 NZLR 757 considered Chapman v Luminis Pty Ltd (1998) 86 FCR 513 cited Chapman v Luminis Pty Limited (No. 5) [2001] FCA 1106 referred to Chapman v Luminis Pty Limited (No. 7) [2002] FCA 1098 affirmed Condliffe v Hightop [1996] 1 WLR 753 considered Flinn v Flinn [1999] 3 VR 712 considered Gore (t/as Clayton Utz) v Justice Corporation Pty Ltd (2002) 189 ALR 712 followed Individual Homes v Macbreams Investments, 23 October 2002, High Court of Justice Chancery Division cited Knight v FP Special Assets Ltd (1992) 174 CLR 178 followed McFarlane v E E Caledonia Ltd (No. 2) [1995] 1 WLR 366 considered Murphy v Young & Co's Brewery [1997] 1 WLR 1591 considered Oasis Hotel Ltd. v. Zurich Insurance Co. (1981) 124 DLR (3d) 455 referred to Re Sturmer and Town of Beaverton (1912) 2 DLR 501 referred to Shah v Karanjia [1993] 2 All ER 792 considered Symphony Group Plc v Hodgson [1994] QB 179 distinguished Taylor v Pace Developments Ltd [1991] ECC 406 cited TGA Chapman Ltd v Christopher [1998] 1 WLR 12 considered Symphony Group Plc v Hodgson [1994] QB 179 considered Vestris v Cashman (1998) 72 SASR 449 distinguished Yates v Boland [2000] FCA 1895 applied