Carlton International PLC & Anor v Crayford Freight Services Ltd & Ors [1997] FCA 726

FEDERAL COURT OF AUSTRALIA COSTS - application for solicitor-client costs - whether a properly advised plaintiff should have been aware that there was no chance of success - whether proceedings unnecessarily prolonged.

Federal Court of Australia Act 1976 (Cth), s 43 Federal Court Rules, O 62

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397, applied Huntsman Chemical Company Australia Ltd v International; Pools Australia Ltd (1995) 36 NSWLR 242, cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225, cited CARLTON INTERNATIONAL PLC and BRADMANS STORES PTY LIMITED - v - CRAYFORD FREIGHT SERVICES LIMITED, CORAL SEATEL NAVIGATION CO, LLOYD TRIESTINO DI NAVIGAZIONE SPA and CONTSHIP CONTAINERLINES LIMITED No NG 166 of 1997 TAMBERLIN J SYDNEY 5 AUGUST 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) NG 166 of 1997 ) GENERAL DIVISION )

IN ADMIRALTY )

)

BETWEEN: CARLTON INTERNATIONAL PLC

First Plaintiff

BRADMANS STORES PTY LIMITED

Second Plaintiff

AND: CRAYFORD FREIGHT SERVICES

LIMITED

First Defendant

CORAL SEATEL NAVIGATION CO

Second Defendant

LLOYD TRIESTINO DI NAVIGAZIONE

SPA

Third Defendant

CONTSHIP CONTAINERLINES

LIMITED

Fourth Defendant

JUDGE: TAMBERLIN J PLACE: SYDNEY DATED: 5 AUGUST 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. The plaintiffs pay the costs of the second defendant on a party-party basis. 2. The plaintiffs pay the costs of the third and fourth defendants up to 1 May 1997 on a party-party basis and thereafter on a solicitor-client basis. 3. The Notice of Motion be dismissed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.