McKellar v Container Terminal Management Services Ltd [1999] FCA 1639

FEDERAL COURT OF AUSTRALIA

McKellar v Container Terminal Management Services Limited [1999] FCA 1639 COSTS - application by respondents for costs of interlocutory applications to be made payable forthwith – Federal Court Rules O 62 r 3 – applicants filed and served defective statement of claim – some causes of action untenable – subsequent abandonment of other causes of action – lengthy delay in final determination of proceeding – costs thrown away – appropriate that costs be payable forthwith.

Federal Court Rules O 62 r 3

McKellar v Container Terminal Management Services Ltd (1999) 165 ALR 409 referred to Patrick Stevedores Operations No 2 Pty Ltd v Maritime Union of Australia (1998) 195 CLR 1 referred to Life Airbag Company of Australia Pty Ltd v Life Airbag Company (New Zealand) Ltd (unreported, 22 May 1998, Federal Court of Australia, Branson J) applied Harris v Cigna Insurance Australia Ltd (1995) ATPR ¶41-445 referred to Mitanis v Pioneer Concrete (Vic) Pty Ltd & Ors (1998) ATPR ¶41,623 applied Vasyli v AOL International Pty Ltd & Anor (unreported, 2 September 1996, Federal Court of Australia, Lehane J) referred to Batten v CTMS Ltd [1999] FCA 1576 applied Marshall v Sheahan [1999] FCA 1249 referred to Real Tech Systems Integration Pty Ltd v Meuross (1998) 82 FCR 150 referred to Nelmac Pty Ltd v Construction, Forestry, Mining & Energy Union [1999] FCA 929 referred to

ANDREW McKELLAR and ANOR v CONTAINER TERMINAL MANAGEMENT SERVICES LIMITED and ORS VG 555 of 1998 WEINBERG J 26 NOVEMBER 1999 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 555 OF 1998

BETWEEN: ANDREW McKELLAR

First Applicant

CHRISTOPHER MURRAY

Second Applicant

AND: CONTAINER TERMINAL MANAGEMENT SERVICES LIMITED

First Respondent