Greyhound Pioneer Australia Ltd v Pioneer Motor Service Pty Ltd [1999] FCA 474

FEDERAL COURT OF AUSTRALIA

Greyhound Pioneer Australia Ltd v Pioneer Motor Service Pty Ltd [1999] FCA 474 COSTS - application for costs from respondents on indemnity basis - where proceedings initially brought against incorrect respondent and respondent conceals identity of correct respondent - where evidence given to Court by respondent misleading - significance of respondents' earlier offer to pay costs on terms, but offer not accepted. COSTS - costs sought against a non-party - interests of justice - where respondents in effect seek indemnification from their former solicitor in relation to possible costs - where respondents assert they were given wrong advice by their former solicitor, thereby exposing them to additional unnecessary costs orders. PRACTICE AND PROCEDURE - strike out of proceedings - whether any question of issue estoppel - where proceedings initially brought against incorrect respondent and subsequently against correct respondents.

Knight v FP Special Assets Ltd (1992) 174 CLR 178 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 cited

GREYHOUND PIONEER AUSTRALIA LTD (ACN 008 685 229) v PIONEER MOTOR SERVICE PTY LTD (ACN 002 858 451)

QG 51 OF 1997

GREYHOUND PIONEER AUSTRALIA LTD (ACN 008 685 229) v NOWRA COACHES PTY LTD (ACN 000 824 909) & ORS QG 122 OF 1998 SPENDER J 14 APRIL 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 51 of 1997

BETWEEN: GREYHOUND PIONEER AUSTRALIA LIMITED

(ACN 008 685 229)

Applicant

AND: PIONEER MOTOR SERVICE PTY LTD

(ACN 002 858 451)

Respondent

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY QG 122 OF 1998

BETWEEN: GREYHOUND PIONEER AUSTRALIA LIMITED

(ACN 008 685 229)

Applicant