Graham Barclay Oysters Pty Ltd v Ryan (No 2) [2000] FCA 1220

FEDERAL COURT OF AUSTRALIA

Graham Barclay Oysters Pty Ltd v Ryan (No 2)[2000] FCA 1220 PRACTICE AND PROCEDURE – Costs – indemnity costs – whether costs ordered in favour of successful representative party in group proceeding under Part IVA of Federal Court of Australia Act 1976 (Cth) should be on indemnity basis – considerations of inadequacy of party and party costs to cover costs incurred by representative party – suggested inadequacy of an order under s 33ZJ of Act as a remedy – saving to respondents to the application in having all claims against them dealt with in one proceeding – no suggestion of unreasonable conduct by those respondents in their conduct of the litigation.

Federal Court of Australia Act 1976 (Cth) s 33ZJ Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1996) 72 FCR 151 followed Qantas Airways Ltd v Cameron (1996) 148 ALR 378 distinguished GRAHAM BARCLAY OYSTERS PTY LIMITED & ORS v GRANT RYAN & ORS

N 219 OF 1999 N 234 OF 1999 N 298 OF 1999 LEE, LINDGREN, KIEFEL JJ

31 AUGUST 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 219 OF 1999

ON APPEAL FROM A SINGLE JUDGE OF THE

FEDERAL COURT OF AUSTRALIA

BETWEEN: GRAHAM BARCLAY OYSTERS PTY LIMITED

FIRST APPELLANT

GRAHAM BARCLAY DISTRIBUTORS PTY LIMITED

SECOND APPELLANT

AND: GRANT RYAN, SCOTT CALLAGHAN, KEVIN GOWER, DAVID HOLNESS, GEOFFREY BENNETT, BRYAN HOCKING, BROSOW HARDY

FIRST RESPONDENTS

GREAT LAKES COUNCIL

SECOND RESPONDENT

STATE OF NEW SOUTH WALES

THIRD RESPONDENT

AND BETWEEN: GRANT RYAN

AND: CROSS APPELLANT

GRAHAM BARCLAY OYSTERS PTY LIMITED

CROSS RESPONDENT

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 234 OF 1999