Johnson Tiles Pty Ltd v Esso Australia Ltd [2001] FCA 458

FEDERAL COURT OF AUSTRALIA

Johnson Tiles Pty Ltd v Esso Australia Ltd

[2001] FCA 458

PRACTICE AND PROCEDURE – costs – discretion – apportionment JOHNSON TILES PTY LTD AND OTHERS v ESSO AUSTRALIA LTD AND ANOTHER, STATE ELECTRICITY COMMISSION OF VICTORIA AND OTHERS and BHP PETROLEUM (BASS STRAIT) PTY LTD VG 519 of 1998 VG 524 of 1998 BEAUMONT, FRENCH and FINKELSTEIN JJ 26 APRIL 2001 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

AND: ESSO AUSTRALIA LTD AND ANOTHER

Respondents/Cross-Claimants

STATE ELECTRICITY COMMISSION OF VICTORIA AND OTHERS

Cross-Respondents/Cross-Claimants

BHP PETROLEUM (BASS STRAIT) PTY LTD

Cross-Respondent

JUDGES: BEAUMONT, FRENCH AND FINKELSTEIN JJ

DATE OF ORDER: 26 APRIL 2001

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. Half of the costs of the appeal against the orders of 3 March 2000, as between the Applicants and the Respondents, be the Respondents' costs in the proceedings. 2. Half of the costs of the appeal by BHP Petroleum (Bass Strait) Pty Ltd (BHP) against the orders of 3 March 2000, be BHP's costs in the cross claim brought against it by the State Entities. 3. The Applicants indemnify the State Entities in respect of any liability to BHP by reason of the preceding order. 4. Half of the costs of the appeal by the State Entities against the orders of 3 March 2000 be the State Entities' costs in the cross claim brought against them by the Respondents. 5. The Applicants indemnify the Respondents in respect of any liability to the State Entities by reason of the preceding order. 6. Paragraph 2 of the orders made by Merkel J on 3 March 2000 be set aside and the following orders be made in lieu thereof: "2(a) The costs of the parties of the Applicants' motion dated 24 December 1999 be paid by the Applicants. 2(b) All questions in respect of costs thrown away by the parties as a consequence of the Orders made by the Full Court on 8 November 2000 be reserved to be determined by Merkel J or a Judge of the Supreme Court of Victoria at a date to be fixed." Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.