Barry v City West Water Limited [2002] FCA 1388

FEDERAL COURT OF AUSTRALIA

Barry v City West Water Limited [2002] FCA 1388 KEVIN FRANCIS PATRICK BARRY & ANOR v CITY WEST WATER LIMITED AND ANOR V 569 of 1999 ALLSOP J 7 NOVEMBER 2002 SYDNEY

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY V 569 of 1999

BETWEEN: KEVIN FRANCIS PATRICK BARRY

FIRST APPLICANT

STREAMLINE DRAINS & PIPELINES PTY LIMITED

(ACN 059 665 539)

SECOND APPLICANT

AND: CITY WEST WATER LIMITED

(ACN 066 902 467)

FIRST RESPONDENT

BRAMBLES AUSTRALIA LIMITED

(ACN 000 164 938

SECOND RESPONDENT

JUDGE: ALLSOP J

DATE OF ORDER: 7 NOVEMBER 2002

WHERE MADE: SYDNEY

THE COURT ORDERS THAT: 1. Pursuant to O 29 r 2 of the Federal Court Rules, the decision of the questions raised by paragraph 13 of the amended defence of the second respondent, the amended reply of the applicants and the amended rejoinder of the second respondent be heard before the trial of any other question in these proceedings. 2. The proceedings as against the second respondent be struck out with no order as to costs in respect of any costs incurred in the proceedings up to 31 December 2000. 3. The applicants each be restrained from instituting in any court or tribunal any proceedings against the second respondent: (a) substantially in the form of these proceedings; or (b) claiming any of the relief claimed in these proceedings. 4. The applicants pay the costs of the second respondent of the proceedings after 31 December 2000, such costs to be paid as to 75 % of the costs on a full indemnity basis, such costs to include all costs incurred by the second respondent except insofar as they are of an unreasonable amount or have been unreasonably incurred, so that subject to these exceptions, the second respondent is completely indemnified for its costs, and as to 25% of the costs on a party-party basis. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.