ICI Chemicals & Polymers Ltd v Lubrizol Corporation Inc [2000] FCA 1569

FEDERAL COURT OF AUSTRALIA

ICI Chemicals & Polymers Ltd v Lubrizol Corporation Inc [2000] FCA 1569 ICI CHEMICALS & POLYMERS LIMITED v THE LUBRIZOL CORPORATION INC N 1384 OF 1999 WOOLWORTHS LIMITED AND AUSTRAL REFRIGERATION PTY LIMITED AND WOOLWORTHS (VICTORIA) PTY LTD AND LAWRENCE REFRIGERATION PTY LTD v THE LUBRIZOL CORPORATION INC N 1385 OF 1999 LEE, HEEREY AND LEHANE JJ 3 NOVEMBER 2000 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1384 OF 1999

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: ICI CHEMICALS & POLYMERS LIMITED

APPELLANT AND CROSS‑RESPONDENT

AND: THE LUBRIZOL CORPORATION INC

RESPONDENT AND CROSS‑APPELLANT

N 1385 OF 1999

BETWEEN: WOOLWORTHS LIMITED

(ACN 000 014 675)

FIRST APPELLANT AND FIRST CROSS‑RESPONDENT

AUSTRAL REFRIGERATION PTY LIMITED

(ACN 001 702 594)

SECOND APPELLANT AND SECOND CROSS‑RESPONDENT

WOOLWORTHS (VICTORIA) PTY LIMITED

(ACN 004 177 155)

THIRD APPELLANT AND THIRD CROSS‑RESPONDENT

LAWRENCE REFRIGERATION PTY LIMITED

(ACN 005 912 176)

FOURTH APPELLANT AND FOURTH CROSS‑RESPONDENT

AND: THE LUBRIZOL CORPORATION INC

RESPONDENT AND CROSS‑APPELLANT

JUDGES: LEE, HEEREY AND LEHANE JJ

DATE OF ORDER: 3 NOVEMBER 2000

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. In proceeding N 1384 of 1999, order 5 made by the primary judge on 5 November 2000 in proceeding NG 190 of 1997 be varied so as to read:

"The Applicant is to pay the Respondent's costs of the proceedings up to and including 5 November 1999 other than its costs of the application for amendment."

2. In proceeding N 1385 of 1999, order 2 made by the primary judge on 5 November 1999 in proceeding NG 552 of 1997 be varied so as to read: