McMullin v ICI Australia Operations Pty Ltd [2000] FCA 404

FEDERAL COURT OF AUSTRALIA

McMullin v ICI Australia Operations Pty Ltd [2000] FCA 404 BRIAN McMULLIN and LEONE McMULLIN v ICI AUSTRALIA OPERATIONS PTY LIMITED, ICI AUSTRALIA LIMITED and CROP CARE AUSTRALIA PTY LIMITED NG305 of 1995 WILCOX J SYDNEY 3 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG305 of 1995

BETWEEN: BRIAN McMULLIN and LEONE McMullin

Applicant

AND: ICI AUSTRALIA OPERATIONS PTY LTD

First Respondent

ICI AUSTRALIA LIMITED and

Second Respondent

AND

CROP CARE AUSTRALIA PTY LIMITED

Third Respondent

JUDGE: WILCOX J

DATE OF ORDER: 3 APRIL 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The costs incurred, up to and including 9 April 1998, by the members of the Bruce and Elsie Harris & Co Partnership ("the claimants"), in relation to their claim for damages against the respondents, be paid by the respondents; these costs to be taxed or assessed on a party/party basis. 2. The costs incurred by the respondents, after 9 April 1998, in relation to the claim of the claimants be paid by the claimants; these costs to be taxed or assessed on the basis that such costs are to include all costs except insofar as they are of an unreasonable amount or were unreasonably incurred so that, subject to such exceptions, the respondents will be completely indemnified by the claimants for their costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG305 of 1995

BETWEEN: BRIAN McMULLIN and LEONE McMullin

Applicant

AND: ICI AUSTRALIA OPERATIONS PTY LTD

First Respondent

ICI AUSTRALIA LIMITED and