Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381

FEDERAL COURT OF AUSTRALIA

Sammy Russo Meat Supplies Pty Ltd v Australian Safeway Stores Pty Ltd [1999] FCA 1381 PRACTICE & PROCEDURE – self‑executing order – failure to comply with self‑executing order – extension of time to comply – power of Federal Court to extend time to comply – when extension of time to comply will be granted – reasons for non‑compliance – when failure to comply not wilful – requirements of justice. COSTS – indemnity costs – solicitor as against former client – solicitor as against all parties - repeated delays in compliance with orders – failure to comply with orders – delays caused by solicitor and not caused by client – delays caused by carelessness or inadvertence – acting without clients' specific instructions – failure to inform clients. LEGAL PRACTITIONERS – scope of retainer – failure to inform clients – consenting to self‑executing order without clients' specific instructions – whether specific instructions required. Federal Court Rules: O 3 r3, O 10 r7 FAI General Insurance Co Ltd v Southern Cross Exploration NL (1988) 165 CLR 268 applied Lenijamar Pty Limited v AGC Advances Limited (1990) 27 FCR 388 applied Re Jokai Tea Holdings Ltd [1993] 1 All ER 630 applied Re a Bill of Costs; Ex parte Maxwell (1955) 72 WN (NSW) 333 cited Thompson v Howley [1977] 1 NZLR 16 applied Colgate‑Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 applied Re Bendeich (No 2) (1994) 53 FCR 422 cited White Industries (Qld) Pty Ltd v Flower & Hart (1998) 156 ALR 169 cited SAMMY RUSSO MEAT SUPPLIES PTY LTD & ORS v AUSTRALIAN SAFEWAY STORES PTY LTD & ORS VG 313 of 1997 GOLDBERG J MELBOURNE 18 OCTOBER 1999

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 313 of 1997

BETWEEN: SAMMY RUSSO MEAT SUPPLIES PTY LTD

(ACN 005 434 202)