Hill v Tooth & Co Ltd [1998] FCA 1805

JUDGMENT No. KS OSI E28 FEDERAL COURT OF AUSTRALIA

COSTS -— indemnity costs — Calderbank letter - Notice of Offer of Compromise

Federal Court Rules 1979 (Cth) O 23

Colgate-Palmolive Pty Ltd & Anor v Cussons Pty Ltd {1993] 46 FCR 225

John S Hayes & Associates Pty Ltd v Kimberley-Clark Australia Pty Ltd [1994] 52 FCR 201 MGICA (1992) Pty Ltd v Kenny & Good Pty Ltd & Anor (No. 2) [1996] 70 FCR 236

Lamesa Holdings BV v Commissioner of Taxation [1997] 74 FCR 416.

Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd [1988] 81 ALR 397

Calderbank v Calderbank [1976] Fam 93

DENNIS RONALD HILL'&, ANOR v TOOTH & CO LTD & ORS _ NG 554 OF 1994

EINFELD J 2 SEPTEMBER 1998 SYDNEY

GENERAL DISTRIBUTION

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY NG 554 of 1994

BETWEEN: DENNIS RONALD HILL FIRST APPLICANT

JANICE BARBARA HILL SECOND APPLICANT

AND: TOOTH & CO LTD FIRST RESPONDENT

B.Y.E.P. PTY LTD SECOND RESPONDENT

RON ROBERTS THIRD RESPONDENT

JUDGE: EINFELD J DATE OF ORDER: 2 SEPTEMBER 1998 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The first respondent pay the applicants' costs on a party and party basis up to 14 April 1997 and on an indemnity or solicitor and client basis from 15 April 1997

2. The applicants pay the third respondent's costs on a party and party basis up to 22 November 1994 and on an indemnity or solicitor and client basis from 23 November

3. The first respondent pay to the third respondent the amount of the party and party element of the third respondent's costs of the proceedings

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 554 of 1994

BETWEEN: DENNIS RONALD HILL FIRST APPLICANT

JANICE BARBARA HILL SECOND APPLICANT

AND: TOOTH & CO LTD FIRST RESPONDENT