Chapman v Wickman Ryan Pty Ltd [2000] FCA 536

FEDERAL COURT OF AUSTRALIA

Chapman v Wickman Ryan Pty Ltd [2000] FCA 536 COSTS – indemnity costs sought by respondents after judgment was delivered – in the primary proceeding the applicants were wholly unsuccessful – respondents had written to the applicants prior to the hearing suggesting that they discontinue the proceedings and that each party should pay its own costs – whether this was an offer of compromise which might carry costs consequences – whether the applicants' case in the primary proceedings was a "hopeless" one.

Federal Court Rules O 23 r 11, O 62 r 3 Federal Court of Australia Act 1976 (Cth) s 43

J-Corp Pty Ltd v Australian Builders Labourers Federation Union of Workers (No 2) (1993) 46 IR 301 considered Colgate-Palmolive Company v Cussons Pty Limited (1993) 46 FCR 225 referred to Fountain Selected Meats (Sales) Pty Ltd v International Produce Merchants Pty Ltd (1988) 81 ALR 397 considered Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 ALR 425 considered Hayes & Associates Pty Limited v Kimberly-Clarke Australia Pty Limited (1994) 52 FCR 201 considered Black v Lipovac (Miles, Heerey and Madgwick JJ, 4 June 1998, unreported) referred to Coshott v Learoyd [1999] FCA 276 considered WILLIAM LUDLOW CHAPMAN & JEAN CHAPMAN v WICKMAN RYAN PTY LTD, WESFARMERS DALGETY LTD & AGREVO PTY LIMITED NG 77 of 1998 MATHEWS J SYDNEY 28 APRIL 2000

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 77 of 1998

BETWEEN: WILLIAM LUDLOW CHAPMAN & JEAN CHAPMAN

Applicants

AND: WICKMAN RYAN PTY LTD

First Respondent/First Cross-Claimant

WESFARMERS DALGETY LTD

Second Respondent/Second Cross-Claimant

AGREVO PTY LIMITED

Cross-Respondent

JUDGE: MATHEWS J