Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Caltex Petroleum Pty Ltd v Charben Haulage Pty Ltd [2006] FCAFC 74 PRACTICE & PROCEDURE – COSTS – party which was eventually successful initially presented manifestly unsatisfactory Notice of Appeal and submissions in appeal to the Full Court – filed Appeal Books with significant amount of irrelevant material – resulted in adjournment and directions from the Court to reformulate Notice of Appeal and written submissions - whether this justifies departure from general rule that costs follow the event.
Corporations Act 2001 (Cth) Federal Court Act 1976 (Cth) s. 43(2)
Dr Martens Australia Pty Ltd v Figgins Holdings Pty Ltd (No.2) [2000] FCA 602 cited CALTEX PETROLEUM PTY LTD v CHARBEN HAULAGE PTY LTD & ENVIRONMENTAL & EARTH SCIENCES PTY LTD NSD 611 OF 2004 ENVIRONMENTAL & EARTH SCIENCES PTY LTD v CHARBEN HAULAGE PTY LTD & CALTEX PETROLEUM PTY LTD NSD 615 OF 2004 TAMBERLIN, KIEFEL & EMMETT JJ 19 MAY 2006 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 611 OF 2004
BETWEEN: CALTEX PETROLEUM PTY LTD
APPELLANT
AND: CHARBEN HAULAGE PTY LTD
BETWEEN: FIRST RESPONDENT
AND: ENVIRONMENTAL & EARTH SCIENCES PTY LTD
SECOND RESPONDENT
NSD 615 OF 2004
ENVIRONMENTAL & EARTH SCIENCES PTY LTD
APPELLANT
CHARBEN HAULAGE PTY LTD
FIRST RESPONDENT
CALTEX PETROLEUM PTY LTD
SECOND RESPONDENT
JUDGES: TAMBERLIN, KIEFEL AND EMMETT JJ
DATE OF ORDER: 19 MAY 2006
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. Charben Haulage Pty Ltd ("Charben") pay 80 percent of the costs of Caltex Petroleum Pty Ltd ("Caltex") on the Caltex appeal. 2. Environment & Earth Science Pty Ltd ("EES") pay 20 percent of the costs of Caltex on that appeal. 3. Charben pay the costs of Caltex on the hearing below. 4. Caltex pay Charben's cost of the Caltex cross-claim. 5. EES pay the costs of its cross-appeal against Caltex. 6. Charben pay 80 percent of the costs of EES on the appeal. 7. Charben pay the costs of EES on the hearing below. 8. Charben pay the costs of EES and Caltex on this costs application. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
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