Hanave Pty Ltd v LFOT Pty Ltd [2000] FCA 388

FEDERAL COURT OF AUSTRALIA

Hanave Pty Ltd v LFOT Pty Ltd [2000] FCA 388

COSTS – construction of ambiguous costs order – surrounding circumstances – respondents succeeded at trial – Full Court upheld applicant's appeal and made order that respondents pay costs of "hearing below" – respondents subsequently succeeded on cross-claim – part of hearing to which Full Court costs order related was taken up by hearing of cross-claim – cross-respondent was not a party to the appeal – appeal concerned only the application, not the cross-claim – whether Full Court costs order bound respondents in their capacity as cross-claimants WORDS AND PHRASES – "hearing" National Companies and Securities Commission v News Corporation Ltd (1984) 156 CLR 296, referred to Yates Property Corporation Pty Ltd v Boland (1998) 89 FCR 78, applied Repatriation Commission v Nation (1995) 57 FCR 25, applied Preston Erection Pty Ltd v Speedy Gantry Hire Pty Ltd [1999] FCA 122, referred to Marsh v Adamson (1985) 5 FCR 124, applied Shackley v Australian Croation Club Ltd (1996) 141 ALR 736, applied HANAVE PTY LTD v LFOT PTY LIMITED (formerly JAGAR PTY LIMITED) (Cross-Claimant), PAUL EWEN MITCHELL TRESIDDER (Cross-Claimant), JOSEPH RAYMOND GLEW (Cross-Claimant), ROBERT BURKE (Cross-Respondent)

NG 721 of 1995

MOORE J

31 MARCH 2000

SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 721 of 1995

BETWEEN: HANAVE PTY LIMITED

Applicant

AND: LFOT PTY LIMITED (formerly JAGAR PROJECTS PTY LTD)

First Respondent/Cross-claimant

PAUL EWEN MITCHELL TRESIDDER

Second Respondent/Cross-claimant

JOSEPH RAYMOND GLEW

Third Respondent/Cross-Claimant

ROBERT BURKE

Cross-respondent