Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd [2003] FCA 325

FEDERAL COURT OF AUSTRALIA

Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd [2003] FCA 325 COSTS – split trial – apportionment of costs – when granted

Alltrans Express Ltd v CVA Holdings Ltd [1984] 1 WLR 394 referred to Anglo-Cyprian Trade Agencies Ltd v Paphos Wine Industries Limited [1951] WN 205 referred to Cretazzo v Lombardi (1975) 13 SASR 4 doubted Inn Leisure Industries Pty Ltd v D F McCLoy Pty Ltd (1991) 28 FCR 172 doubted

Civil Procedure Rules 1998 (UK) O 44.3(4)(b) Federal Court Rules O 29 BAULDERSTONE HORNIBROOK PTY LTD v QANTAS AIRWAYS LIMITED V 643 of 1999 FINKELSTEIN J 11 APRIL 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 643 of 1999

BETWEEN: BAULDERSTONE HORNIBROOK PTY LTD

Applicant

AND: QANTAS AIRWAYS LIMITED

Respondent

JUDGE: FINKELSTEIN J

DATE OF ORDER: 11 APRIL 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. There be judgment for the respondent in respect of the causes of action pleaded by and the relief claimed pursuant to paragraphs 5-26, 32-38 and 45-54 (all inclusive) of the Applicant's Fourth "A" Amended Statement of Claim. 2. The costs of the proceeding to date be reserved pending the trial of the remaining causes of action. 3. On or before 4.15pm on 2 May 2003 the respondent shall provide to the applicant (with a copy to the court) a copy of its proposed further amended defence. 4. Provided the applicant will consent to the amendment of the amended defence in accordance with the form proposed by the respondent, on or before 4.15pm on 23 May 2003 the applicant shall file and serve a reply to the further amended defence. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA