Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 896

FEDERAL COURT OF AUSTRALIA

Graham Evans Pty Ltd v Stencraft Pty Ltd [1999] FCA 896 COSTS – discretion to make costs order against successful party – whether conduct of successful party such as to unreasonably prolong the proceedings -where applicant unsuccessful on primary question of liability, but successful on issue of damages – where two offers to settle were made by respondent, but were rejected by applicant – where both offers were more favourable to applicant than final outcome of trial.

Federal Court of Australia Act 1976 s 43(2) Federal Court Rules O 62 r 15 Federal Court Rules O 23 r 11(4) Verna Trading Pty Ltd v New India Assurance Co Ltd [1991] 1 VR 129 referred to Latoudis v Casey (1990) 170 CLR 534 cited Cummings v Lewis (1993) 113 ALR 285 cited Smallacombe v Lockyer (1993) 114 ALR 568 cited JS Jayes & Associates Pty Ltd v Kimberly Clark Australia Pty Ltd (1994) 52 FCR 201 cited MGICA v Kenny & Good (1996) 140 ALR 707 referred to Naomi Marble & Granite Pty Ltd v FAI General Insurance Company Limited (No 2) [1999] 1 Qd R 519 discussed Black v Lipovac (Miles, Heerey, Madgwick JJ, 4 June 1998, unreported) referred to Susan Pender Jewellery Pty Ltd v Mirage (Operations) [1997] FCA 44 cited Hughes v West Australia Cricket Association [1986] ATPR ¶ 40-748 referred to Australian Conservation Foundation v Forestry Commission (1988) 81 ALR 166 referred to Henderson v Amadio (Heerey J, 22 March 1996, unreported) cited

GRAHAM EVANS PTY LIMITED (ACN 009 774 378) v STENCRAFT PTY LIMITED (ACN 010 734 997) NG 62 of 1995 SPENDER J 2 JULY 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY NG 62 OF 1995

BETWEEN: GRAHAM EVANS PTY LIMITED (ACN 009 774 378)

Applicant

AND: STENCRAFT PTY LIMITED (ACN 010 734 997)

Respondent