C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Limited [2007] FCAFC 117

FEDERAL COURT OF AUSTRALIA

C V Sheepvaartonderneming Ankergracht v Stemcor (A/sia) Pty Limited [2007] FCAFC 117 COSTS – costs on appeal – apportionment of responsibility between the parties – indemnity costs order based on settlement offer before pleadings amended – claim succeeded on amended pleadings – respondent succeeded on one basis but failed on another Carriage of Goods by Sea Act 1991 (Cth) Art 3 C V SHEEPVAARTONDERNEMING ANKERGRACHT v STEMCOR (A/SIA) PTY LIMITED AND TSUDA CORPORATION NSD 23 OF 2006 C V SHEEPVAARTONDERNEMING ARCHANGELGRACHT v STEMCOR (A/SIA) PTY LIMITED AND TSUDA CORPORATION NSD 24 OF 2006

RYAN, DOWSETT AND RARES JJ

3 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 23 OF 2006

in admiralty

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: C V SHEEPVAARTONDERNEMING ANKERGRACHT

Appellant

AND: STEMCOR (A/SIA) PTY LIMITED

First Respondent

TSUDA CORPORATION

Second Respondent

JUDGES: RYAN, DOWSETT AND RARES JJ

DATE OF ORDER: 3 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The defendant pay the plaintiffs' costs incurred up to and including 16 May 2003 on a party/party basis; 2. The defendant pay the plaintiffs' costs incurred thereafter on an indemnity basis, save for those costs relating solely to the issue raised by the particular "failing to install dehumidifiers" in the further amended statement of claim; 3. The plaintiffs pay the defendant's costs of and incidental to the issue referred to in paragraph 2 of this Order; and 4. The appellant pay four-fifths of the respondents' costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 24 OF 2006