Woodgate as Trustee of the Estate of the Late Mrs Marion McGuiness v Keddie [2007] FCAFC 129

FEDERAL COURT OF AUSTRALIA

Woodgate as Trustee of the Estate of the Late Mrs Marion McGuiness v Keddie [2007] FCAFC 129

CONDITIONAL COSTS AGREEMENT – costs agreement contingent on the successful outcome of District Court proceedings only – verdict set aside on appeal – costs need not be repaid – no failure of consideration – no unjust enrichment – whether voluntary payment CONDITIONAL COSTS AGREEMENT Codelfa Construction Pty Ltd v State Rail Authority (NSW) (1982) 149 CLR 337 Commissioner for Railways (NSW) v Cavanough (1935) 53 CLR 220 Darlington Futures Ltd v Delco Australia Pty Ltd (1986) 161 CLR 500 de Robillard v Carver [2007] FCAFC 73 Fostif Pty Ltd v Campbells Cash & Carry Pty Ltd (2005) 63 NSWLR 203 Pattison v Hadjimouratis (2006) 155 FCR 226 Roxborough v Rothmans of Pall Mall Australia Ltd (2001) 208 CLR 516 TCN Channel 9 Pty Ltd v Antoniadis (No 2) (1999) 48 NSWLR 381 Western Australian Bank v Royal Insurance Co (1908) 5 CLR 533 Woodgate v Keddie [2006] FCA 1728 LES WOODGATE AS TRUSTEE OF THE ESTATE OF THE LATE MRS MARION MCGUINESS v RUSSELL W KEDDIE, TONY BARAKAT, SCOTT JOHN ROULSTONE, AND ROBERT PAUL PINZONE T/AS KEDDIES SOLICITORS & ATTORNEYS NSD 113 OF 2007

GYLES, EDMONDS AND BUCHANAN JJ

16 AUGUST 2007

SYDNEY IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NSD 113 OF 2007

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

BETWEEN: GILES WOODGATE AS TRUSTEE OF THE ESTATE OF THE LATE MRS MARION MCGUINESS

Appellant

AND: RUSSELL W KEDDIE, TONY BARAKAT, SCOTT JOHN ROULSTONE, AND ROBERT PAUL PINZONE T/AS KEDDIES SOLICITORS & ATTORNEYS

Respondent

JUDGES: GYLES, EDMONDS AND BUCHANAN JJ DATE OF ORDER: 16 AUGUST 2007

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appeal is dismissed. 2. The appellant pay the costs of the respondent as taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.