AM Stevens Pty Ltd v Australian Red Cross Society [2002] FCA 91

FEDERAL COURT OF AUSTRALIA

AM Stevens Pty Ltd v Australian Red Cross Society [2002] FCA 91 COSTS – application for leave to amend pleadings – where considerable delay in bringing application for leave – costs thrown away – whether gross sum should be paid – whether costs should be taxed forthwith. COSTS – application for leave to amend pleadings – where application ultimately successful – whether opposition unreasonable. Federal Court Rules O 62 r 3, O 62 r 4(2)(c), O 62 r 19 AM Stevens Pty Ltd v Australian Red Cross Society [2001] FCA 1265 referred to Beach Petroleum NL and Claremont Petroleum NL v Johnson (No 2) (1995) 57 FCR 119 referred to Canvas Graphics Pty Ltd v Kodak (Australasia) Pty Ltd, unreported, FCA, 23 January 1998, O'Loughlin J referred to Re Wilcox; Ex parte Venture Industries Pty Ltd (No 2) (1997) 72 FCR 151 referred to Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 referred to McKellar v Container Terminal Management Services Ltd [1999] FCA 1639 referred to All Services Australia Pty Ltd v Telstra Corporation Ltd (2000) 171 ALR 330 referred to Murran Investments Pty Ltd v Aromatic Beauty Products Pty Ltd [2000] FCA 1732 referred to AM STEVENS PTY LTD v AUSTRALIAN RED CROSS SOCIETY & ORS AG99 of 1998 FINN J CANBERRA 12 FEBRUARY 2002

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG99 OF 1998

BETWEEN: AM STEVENS PTY LTD

APPLICANT

AND: AUSTRALIAN RED CROSS SOCIETY

FIRST RESPONDENT

PRANK NOMINEES PTY LTD (formerly National Capital Properties Pty Ltd)

SECOND RESPONDENT

AUSTRALIAN RED CROSS SOCIETY

FIRST CROSS-CLAIMANT

PRANK NOMINEES PTY LTD

SECOND CROSS-CLAIMANT

LEIGHTONS CONTRACTORS PTY LTD