McCormick v Riverwood International (Australia) Pty Ltd [2000] FCA 32

FEDERAL COURT OF AUSTRALIA

McCormick v Riverwood International (Australia) Pty Ltd [2000] FCA 32

PRACTICE AND PROCEDURE – interest to date of judgment pursuant to Federal Court of Australia Act 1976 (Cth) s 51A – appropriate rate – whether Supreme Court rate of State in which case being heard. COSTS – offer of compromise rejected – whether respondent must pay indemnity costs pursuant to Federal Court Rules O 23 r 11(4). COSTS – applicant obtained judgment in an amount less than $100,000 – whether appropriate to reduce award of costs pursuant to "one-third off" rule – Federal Court Rules O 62 r 36A.

Federal Court of Australia Act 1976 (Cth) s 51A Federal Court Rules O 23 r 2, O 23 r 11(4), O 62 r 36A Penalty Interest Rates Act 1983 (Vic) EMCL Pty Ltd v Esanda Finance Corporation Ltd (No 2) (1998) 160 ALR 382 at 383, 384 referred to Namol Pty Ltd v AW Baulderstone Pty Ltd (No 2) (1993) 47 FCR 388 at 389 referred to Alec Finlayson Pty Ltd v Armidale City Council (unreported, Federal Court of Australia, Burchett J, 6 March 1998) referred to Kettle Chip Co Pty Ltd v Apand Pty Ltd (No 2) (1998) 83 FCR 466 referred to Nagy v Masters Dairy Ltd (1996) 150 ALR 273 referred to Henderson v Amadio Pty Ltd (No 2) (1996) 62 FCR 221 referred to GARY McCORMICK v RIVERWOOD INTERNATIONAL (AUSTRALIA) PTY LTD (ACN 057 776 888) V87 of 1999 WEINBERG J 1 FEBRUARY 2000 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V87 OF 1999

BETWEEN: GARY McCORMICK

APPLICANT

AND: RIVERWOOD INTERNATIONAL (AUSTRALIA) PTY LTD (ACN 057 776 888)

RESPONDENT

JUDGE: WEINBERG J

DATE OF ORDER: 1 FEBRUARY 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. That the respondent pay the applicant $14,102.39 being interest in respect of the period prior to judgment being given in this proceeding on 26 November 1999. 2. That the respondent pay the applicant's costs as ordered on 26 November 1999, such costs to be taxed, on a party and party basis in respect of the costs of the period up to and including 6 August 1999 and on an indemnity basis in respect of the costs of the period from 7 August 1999 to 26 November 1999 inclusive. 3. The total of such costs be reduced by one-third in accordance with O 62 r 36A(1) of the Federal Court Rules. 4. There be no order as to costs of the period after 26 November 1999. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.