Thompson v Ice Creameries of Australia Pty Ltd [1998] FCA 261

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 281 of 1994

BETWEEN: PETER ANTHONY THOMPSON AND ROBYN LESLEY THOMPSON

ApplicantS

AND: ICE CREAMERIES OF AUSTRALIA PTY LTD

First Respondent

DAVID ALAN ATCHISON

Second Respondent

JUDGE(S): LEHANE J

DATE OF ORDER: 11 MARCH 1998

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Judgment for the applicants against the respondents jointly and severally in the sum of $220,775.00. 2. The respondents pay two-thirds of the applicants' costs.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 281 of 1994

BETWEEN: PETER ANTHONY THOMPSON AND ROBYN LESLEY THOMPSON

ApplicantS

AND: ICE CREAMERIES OF AUSTRALIA PTY LTD

First Respondent

DAVID ALAN ATCHISON

Second Respondent

JUDGE(S): LEHANE J

DATE: 11 MARCH 1998

PLACE: SYDNEY

EX TEMPORE REASONS FOR JUDGMENT For reasons given in my judgment delivered on 11 February 1998 I ordered that there should be judgment for the applicants against each respondent for an amount to be calculated in accordance with principles stated in my reasons for judgment. The amount calculated in accordance with those principles has now been agreed upon, and is $220,775. I did not, when delivering judgment, make any order as to costs. I refrained from doing so because I thought there might be scope for argument about costs and the parties had not at that stage had the opportunity to address any argument to me. The question now before me is what order should be made as to costs.

The respondents submit that I should apportion the order for costs, so that the applicants should be entitled to costs in relation to issues on which they were successful, the respondents being entitled, on the other hand, to an order for costs in their favour in relation to issues on which (in their submission) they succeeded. Alternatively, the respondents submit there should be no order as to costs, reflecting the mixed outcome, as they put it, of the proceeding.