Gibbett v Forwood Products Pty Ltd (No 2) [2001] FCA 434

FEDERAL COURT OF AUSTRALIA

Gibbett v Forwood Products Pty Ltd (No 2) [2001] FCA 434 INTEREST – whether delay by applicant in prosecution of claim may constitute good cause for declining to award interest for period between cause of action and judgment. COSTS – applicant succeeds in claim – where applicant succeeds on some issues only – where applicant recovers judgment for sum much less than claim as presented – whether costs should be allowed in full or part only. Federal Court of Australia Act 1976 (Cth) s 51A(1) and s 51A(1)(b) Supreme Court Act 1933 (ACT) s 69 Supreme Court Rules 1987 (SA) Grincelis v House [2000] HCA 42; 173 ALR 564 considered Golden West Refining Corp Ltd v Daly Laboratories Pty Ltd (Carr J, 16 February 1995, unreported) applied MBP (SA) Pty Ltd v Gogic (1991) 171 CLR 657 referred to Osborne v Kelly (1993) 61 SASR 308 referred to Inn Leisure Industries Pty Ltd (Prov Liqu appointed) v D F McGlory Pty Ltd (No 2) (1991) 28 FCR 172 applied KENNETH MAXWELL GIBBETT and BRISK SHAVINGS PTY LTD v FORWARD PRODUCTS PTY LTD (ACN 008 089 727) and THE STATE OF SOUTH AUSTRALIA SG 12 OF 1997 MANSFIELD J 27 APRIL 2001 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 12 OF 1997

BETWEEN: KENNETH MAXWELL GIBBETT

and BRISK SHAVINGS PTY LTD

APPLICANTS

AND: FORWOOD PRODUCTS PTY LTD (ACN 008 089 727) and THE STATE OF SOUTH AUSTRALIA

RESPONDENTS

JUDGE: MANSFIELD J

DATE OF ORDER: 27 APRIL 2001

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The applicant Brisk Shavings Pty Ltd recover from the respondent Forwood Products Pty Ltd damages including a lump sum in lieu of interest of $452,000.

2. The applicant Kenneth Maxwell Gibbett recover from the respondent Forwood Products Pty Ltd damages including a lump sum in lieu of interest of $13,800.