Heidelberg Graphics Equipment Ltd v Andrew Knox & Associates Ltd & Ors [1995] FCA 141

CATCHWORDS Practice and Procedure - costs - cost sharing arrangement between several parties made in respect of transcript - one party paid the full cost and recovered portion from other parties - whether full cost of transcript should be allowed on taxation of the bill of the party ordering the transcript - whether that party "incurred" the full cost of transcript - whether the Court should exercise its power under O 62 r 12 to order that only the net cost of the transcript borne by the party should be included in its bill of costs

Federal Court of Australia Act 1976, s 43 Federal Court Rules O 62 r 12, Second Schedule Item 48 R v Miller (Raymond) and Anor [1983] 3 All ER 186 Johnson v Santa Teresa Housing Association and Anor (1992) 83 NTR 14 Matter No. SG 74 of 1991 HEIDELBERG GRAPHICS EQUIPMENT LIMITED v ANDREW KNOX & ASSOCIATES PTY LTD, CANVAS GRAPHICS PTY LTD and ANDREW McKENZIE KNOX - and - CANVAS GRAPHICS PTY LTD v HEIDELBERG GRAPHICS EQUIPMENT LIMITED and MILES INC. VON DOUSSA J ADELAIDE 20 MARCH 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) SOUTH AUSTRALIAN DISTRICT REGISTRY ) ) GENERAL DIVISION ) No. SG 74 of 1991 BETWEEN: HEIDELBERG GRAPHICS EQUIPMENT LIMITED Applicant AND: ANDREW KNOX & ASSOCIATES PTY LTD, CANVAS GRAPHICS PTY LTD and ANDREW McKENZIE KNOX Respondents AND: CANVAS GRAPHICS PTY LTD Cross-Claimant AND: HEIDELBERG GRAPHICS EQUIPMENT LIMITED and MILES INC. Cross-Respondents MINUTES OF ORDER JUDGE MAKING ORDER : VON DOUSSA J. WHERE MADE : ADELAIDE DATE OF ORDER : 20 MARCH 1995 THE COURT ORDERS THAT: 1. Pursuant to O.62, r.12 that Item 48 of the Second Schedule not apply in respect of the costs incurred for transcript and that the disbursement item for transcript be allowed at $23,451.42. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.