Lidden, James & Ors v Composite Buyers Ltd & Anor [1997] FCA 897

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE - Costs - Jurisdiction to award costs to a non-party - cross claim on non-party in contemplation but leave of the Court not yet sought - Whether proceeding before the Court - Federal Court of Australia Act 1976 s43. Words and phrases "proceedings before the Court"

Caboolture Park Shopping Centre Pty Ltd (in liq) v White Industries (Qld) Pty Ltd (1993) 117 ALR 253 (followed) Danieletto v Khera (1995) 35 NSWLR 684 (distinguished) Knight v FP Special Assets Ltd (1992) 174 CLR 178 (followed) Re Ayre; Ex parte Deputy Commissioner of Taxation (1995) 130 ALR 648 (followed) Re Crittenden; Ex parte The Law Institute of Victoria [1958] VR 101 (applied) Ricegrowers Co-operative Ltd v ABC Containerline NV (1996) 138 ALR 480 (followed) Smith Kline & French Laboratories (Australia) Limited v Secretary, Department of Community Services & Health (1989) 89 ALR 366 (applied) JAMES LIDDEN and OTHERS (Applicant) v COMPOSITE BUYERS LIMITED and ANOTHER (Respondent) AG 19 of 1992, AG 67 of 1995 FINN J CANBERRA 3 SEPTEMBER 1997

IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ) AG 19 of 1992

) AG 67 of 1995 ) GENERAL DIVISION )

BETWEEN: JAMES LIDDEN and OTHERS

Applicant

AND: COMPOSITE BUYERS LIMITED and ANOTHER

Respondent

JUDGE: FINN J PLACE: CANBERRA DATED: 3 SEPTEMBER 1997

MINUTES OF ORDER

THE COURT ORDERS THAT: 1. There be no order as to costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ) AG 19 of 1992