Lake Cumbeline Pty Ltd & Ors v Effem Foods Pty Ltd t/as Uncle Ben's of Australia [1997] FCA 613

FEDERAL COURT OF AUSTRALIA

COSTS - appeal - whether appeal succeeded on a question of law or fact - issue of a costs certificate under the Federal Proceedings (Costs) Act 1981 Federal Proceedings (Costs) Act 1981 - ss 6, 8 Jenkins v Gleeson (1983) 46 ALR 207, considered Phipson Nominees Pty Ltd v French (1989) 91 ALR 509, considered LAKE CUMBELINE PTY LIMITED & ORS v EFFEM FOODS PTY LIMITED trading as UNCLE BEN'S OF AUSTRALIA NG 522 of 1995 BEAUMONT, EINFELD AND FOSTER JJ SYDNEY 11 JULY 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 522 of 1995 ) GENERAL DIVISION )

ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA

BETWEEN: LAKE CUMBELINE PTY LIMITED

First Appellant

IDOBOOK PTY LIMITED

Second Appellant

PETER HORROBIN

Third Appellant

RICHARD SANDS

Fourth Appellant

RAYMOND PRIDMORE

Fifth Appellant

AND: EFFEM FOODS PTY LIMITED trading as UNCLE BEN'S OF AUSTRALIA

Respondent

JUDGES: BEAUMONT, EINFELD AND FOSTER JJ PLACE: SYDNEY DATED: 11 JULY 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. As to the costs of the appeal, we make no order. 2. As to the costs of the trial, order that the orders made by the trial judge be set aside (save as to the costs reserved on 14 November 1994 in respect of the question of privilege); and order in lieu thereof, that the costs at first instance abide the order of the new trial judge. 3. Refuse the respondent's application for a certificate under the Federal Proceedings (Costs) Act 1981. 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 ) NG 522 of 1995 ) GENERAL DIVISION )