FEDERAL COURT OF AUSTRALIA Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2) [2014] FCAFC 128 Citation: Fei Yu trading as Jewels 4 Pools v Beadcrete Pty Ltd (No 2) [2014] FCAFC 128 Appeal from: Beadcrete Pty Ltd v Fei Yu trading as Jewels 4 Pools (No 3) [2013] FCA 187 Parties: FEI YU TRADING AS JEWELS 4 POOLS, JEFFERY STUART MCALISTER, PEBBLE MASTERS PTY LTD ACN 087 540 734, TWIN COAST POOLS PTY LTD ACN 104 149 484, MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169 and GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563 v BEADCRETE PTY LTD ACN 071 743 961, DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234, BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041 and DESIGNERITE PTY LTD ACN 146 670 706 File number: NSD 977 of 2013 Judges: DOWSETT, MIDDLETON AND ROBERTSON JJ Date of judgment: 30 September 2014 Cases cited: EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92 Date of hearing: On the papers Date of last submissions: 24 September 2014 Place: Sydney Division: GENERAL DIVISION Category: No catchwords Number of paragraphs: 3 Counsel for the Appellants: Ms SJ Goddard SC with Mr HPT Bevan and Mr R Rajalingam Solicitor for the Appellants: Conditsis & Associates Counsel for the Respondents: Mr AJL Bannon SC with Mr NR Murray Solicitor for the Respondents: Creagh & Creagh IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 977 of 2013 ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA BETWEEN: FEI YU TRADING AS JEWELS 4 POOLS First Appellant JEFFERY STUART MCALISTER Second Appellant PEBBLE MASTERS PTY LTD ACN 087 540 734 Third Appellant TWIN COAST POOLS PTY LTD ACN 104 149 484 Fourth Appellant MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169 Fifth Appellant GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563 Sixth Appellant AND: BEADCRETE PTY LTD ACN 071 743 961 First Respondent DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234 Second Respondent BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041 Third Respondent DESIGNERITE PTY LTD ACN 146 670 706 Fourth Respondent JUDGES: DOWSETT, MIDDLETON AND ROBERTSON JJ DATE OF ORDER: 30 SEPTEMBER 2014 WHERE MADE: SYDNEY THE COURT ORDERS THAT: 1. The Appellants pay the Respondents' costs of the appeal. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011. IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 977 of 2013 ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA BETWEEN: FEI YU TRADING AS JEWELS 4 POOLS First Appellant JEFFERY STUART MCALISTER Second Appellant PEBBLE MASTERS PTY LTD ACN 087 540 734 Third Appellant TWIN COAST POOLS PTY LTD ACN 104 149 484 Fourth Appellant MELKEN DEVELOPMENTS PTY LTD TRADING AS BAYSIDE POOLS & PAVING ACN 052 945 169 Fifth Appellant GRIN DISTRIBUTIONS PTY LTD ACN 133 541 563 Sixth Appellant AND: BEADCRETE PTY LTD ACN 071 743 961 First Respondent DESIGNER CONCRETE COATINGS PTY LTD ACN 102 760 234 Second Respondent BUYRITE STEEL SUPPLIES PTY LTD ACN 053 173 041 Third Respondent DESIGNERITE PTY LTD ACN 146 670 706 Fourth Respondent JUDGES: DOWSETT, MIDDLETON AND ROBERTSON JJ DATE: 30 SEPTEMBER 2014 PLACE: SYDNEY REASONS FOR JUDGMENT 1 This appeal was dismissed by orders made on 10 September 2014. The parties were then directed to exchange submissions as to costs and file the same within 14 days. 2 The appellants made no submissions. The respondents submitted that the appropriate order was that the appellants pay the respondents' costs of the appeal, referring to EMI Songs Australia Pty Ltd v Larrikin Music Publishing Pty Ltd [2011] FCAFC 92 at [9] and the principles and authorities there considered. 3 We agree that the appropriate costs order is as contended for by the respondents. This was not a mixed result case and there is no reason to depart from the general principle that a successful party will obtain an order for costs in its favour. I certify that the preceding three (3) numbered paragraphs are a true copy of the Reasons for Judgment herein of the Honourable Justices Dowsett, Middleton and Robertson. Associate: Dated: 30 September 2014