Michael Hull & Associates Pty Ltd v Wood [2001] FCA 20

FEDERAL COURT OF AUSTRALIA

Michael Hull & Associates Pty Ltd v Wood [2001] FCA 20 PRACTICE AND PROCEDURE – offer of compromise made under Order 23 of Federal Court Rules – application for leave to withdraw offer prior to expiry of the fourteen-day period fixed in O 23 r 5 of the Rules – action for infringement of copyright in design of "project home" – landowners have home built on their land in accordance with design – landowners make offer of compromise to applicant – action against landowners and builder –solicitor for applicant advises solicitor for landowners that once builder has been served, his client proposes to accept landowners' offer then pursue builder – landowners then appreciate possibility that builder may cross-claim against them for indemnity damages – offer has been made on erroneous assumption that acceptance of it would put an end to all potential liability of landowners – leave to withdraw offer of compromise granted. Federal Court Rules O 23 r 5

MICHAEL HULL & ASSOCIATES PTY LTD v JOHN WOOD & ORS N 1141 OF 2000 LINDGREN J 17 JANUARY 2001 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY N 1141 OF 2000

BETWEEN: MICHAEL HULL & ASSOCIATES PTY LIMITED

(ACN 000 366 629)

APPLICANT

AND: JOHN WOOD

FIRST RESPONDENT

JANE WOOD

SECOND RESPONDENT

PARMENTER-HOLLAND HAROLD CONSTRUCTIONS PTY LIMITED

THIRD RESPONDENT

JUDGE: LINDGREN J

DATE OF ORDER: 17 JANUARY 2001

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. The operation of Order 23 rule 8 of the Federal Court Rules be waived and that the rule not apply in respect of the application. 2. Leave be granted pursuant to Order 23 subrule 5(5) of the Federal Court Rules to the first and second respondents to withdraw the offer of compromise made by them to the applicant dated 3 January 2001 by 5.00 pm today, 17 January 2001. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.