Chapman v Luminis Pty Ltd (No 6) [2002] FCA 1100

FEDERAL COURT OF AUSTRALIA

Chapman v Luminis Pty Ltd (No 6) [2002] FCA 1100 COSTS – order for costs sought by successful respondents against applicant joined under FCR O 6 r 8 as a party who ought to be joined, and to ensure that all matters in dispute in the proceedings may be effectively and completely determined – applicant an assignor of causes of action – applicant joined as the respondents contended that the assignments were not absolute legal assignments – applicant consented to the use of its name at the cost and expense of the other applicants who were the assignees of the causes of action – order for costs refused. Federal Court Rules O 6 r 8 Chapman v Luminis Pty Ltd (1998) 86 FCR 513 referred to Chapman v Luminis Pty Ltd (No 5) [2001] FCA 1106 referred to Oshlack v Richmond River Council (1998) 193 CLR 72 discussed Gore v Justice Corp Pty Ltd [2002] FCAFC 83 distinguished THOMAS LINCOLN CHAPMAN, WENDY JENNIFER CHAPMAN & BINALONG PTY LTD (RECEIVERS & MANAGERS APPOINTED) (IN LIQUIDATION) v LUMINIS PTY LTD, DEANE JOANNE FERGIE, CHERYL ANNE SAUNDERS, ROBERT EDWARD TICKNER & COMMONWEALTH OF AUSTRALIA No SG 33 of 1997 von DOUSSA J ADELAIDE 10 SEPTEMBER 2002

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SG 33 OF 1997

BETWEEN: THOMAS LINCOLN CHAPMAN

FIRST APPLICANT

WENDY JENNIFER CHAPMAN

SECOND APPLICANT

BINALONG PTY LTD (RECEIVERS & MANAGERS APPOINTED (IN LIQUIDATION)

THIRD APPLICANT

AND: LUMINIS PTY LTD

FIRST RESPONDENT

DEANE JOANNE FERGIE

SECOND RESPONDENT

CHERYL ANNE SAUNDERS

THIRD RESPONDENT

ROBERT EDWARD TICKNER

FOURTH RESPONDENT

COMMONWEALTH OF AUSTRALIA