Johnson Titles Pty Ltd v Esso Australia Limited [2000] FCA 1837

FEDERAL COURT OF AUSTRALIA

Johnson Tiles Pty Ltd v Esso Australia Limited [2000] FCA 1837

COURTS – practice and procedure – representative proceeding – whether there should be separate trials of the claim and cross-claim COURTS – practice and procedure – pleadings – amendment – claim in negligence for economic loss – whether applicants' dependence upon or vulnerability to conduct of another can be pleaded by respondent as a defence to the applicants' claim of dependence upon and vulnerability to conduct of the respondent

Federal Court of Australia Act 1976 (Cth) Pt IVA

Johnson Tiles Pty Ltd v Esso Australia Ltd (2000) 97 FCR 175 - cited A.M.P. Fire and General Insurance Company Ltd v Dixon [1982] VR 833 - distinguished Philip Morris (Australia) Ltd v Nixon (2000) 170 ALR 487 - applied Perre v Apand (1999) 164 ALR 606; [1999] HCA 36 - considered Alexander v Cambridge Credit Corporation (1987) 9 NSWLR 310 – cited Wickstead v Browne (1992) 30 NSWLR 1 – cited Wickstead v Browne (1993) 10 Leg Rep SL 2 - cited JOHNSON TILES PTY LTD V ESSO AUSTRALIA LIMITED VG 519 OF 1998 AND VG 524 OF 1998 JUDGE: MERKEL J DATE: 13 DECEMBER 2000 PLACE: MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 519 OF 1998

VG 524 OF 1998

BETWEEN: JOHNSON TILES PTY LTD AND OTHERS

APPLICANTS

ESSO AUSTRALIA LTD AND ANOTHER

RESPONDENTS/CROSS-CLAIMANTS

AND: STATE ELECTRICITY COMMISSION OF VICTORIA AND OTHERS

CROSS RESPONDENTS/CROSS-CLAIMANTS

BHP PETROLEUM (BASS STRAIT) PTY LTD

CROSS-RESPONDENT JUDGE: MERKEL J

DATE OF ORDER: 13 DECEMBER 2000

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Within 7 days the parties file minutes of orders to give effect to these reasons for judgment. 2. The further hearing of directions be adjourned to 2 February 2001. 3. Costs of each party of the respective motions concerning a separate trial of the negligence claims and the proposed amended defence be reserved. 4. Pending the further directions hearing, directions for the trial of the negligence claims be dealt with in a case management conference before Registrar Efthim. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.