Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Vivian Fraser & Associates Pty Ltd v Shipton [1999] FCA 228 PRACTICE AND PROCEDURE – costs – indemnity costs sought on basis that claim made in wilful disregard of known facts – submission based on individual applicant's concession in cross-examination – whether concession satisfactory basis for indemnity costs order – whether matter conceded fatal to all causes of action pleaded. Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1998) 81 ALR 397 cited Colgate-Palmolive Company v Cussons Pty Ltd (1993) 46 FCR 225 cited J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers (WA Branch) (No 2) (1993) 46 IR 301 cited Re Wilcox; Ex parte Venture Industries Pty Ltd (No. 2) (1996) 72 FCR 151 cited Rosniak v Government Insurance Office (1997) 41 NSWLR 608 cited VIVIAN FRASER & ASSOCIATES PTY LIMITED AND ANOR v WILLIAM JOHN SHIPTON & ORS NG 680 of 1994 LINDGREN J 1 MARCH 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NG 680 OF 1994
BETWEEN: VIVIAN FRASER & ASSOCIATES PTY LIMITED AND VIVIAN FRASER
Applicants
AND: WILLIAM JOHN SHIPTON
First Respondent
JOSE DE LA VEGA
Second Respondent
WEDDERLIGHT-DELMO PTY LIMITED
Third Respondent
JUDGE: LINDGREN J
DATE OF ORDER: 1 MARCH 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: (1) The application be dismissed. (2) The applicants pay the respondents' costs of the proceeding. 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 680 OF 1994
BETWEEN: VIVIAN FRASER & ASSOCIATES PTY LIMITED AND VIVIAN FRASER
Applicants
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