CGM Investments Pty Ltd v Chelliah (No 3) [2003] FCA 405

FEDERAL COURT OF AUSTRALIA

CGM Investments Pty Ltd v Chelliah (No 3) [2003] FCA 405 COSTS – indemnity – when granted – apportionment – method of apportionment – costs not ordered against unsuccessful party Federal Court Rules O 29

American Tobacco Company v Guest [1892] 1 Ch 630 referred to Baulderstone Hornibrook Pty Ltd v Qantas Airways Ltd [2003] FCA 325 followed Hughes v Western Australian Cricket Association (Inc) [1986] ATPR 48,134 cited Inn Leisure Industries Pty Ltd v D F McCloy Pty Ltd (No 2) (1991) 28 FCR 172 cited J-Corp Pty Ltd v Australian Builders Labourers Federated Union of Workers, Western Australian Branch (No 2) (1993) 46 IR 301 followed Lever Brothers Limited v Masbro' Equitable Pioneers Society Limited (1911) 105 LT 948 cited Ruddock v Vadarlis (No 2) (2001) 115 FCR 229 followed

CGM INVESTMENTS PTY LIMITED, A WHISTLE & CO (1979) PTY LIMITED and A WHISTLE & CO PTY LIMITED v CHARLES CHELLIAH, MULSANNE HOLDINGS PTY LTD, WALLERA PTY LTD, NARENDRA JAIN and

NANDINI PATEL V 378 of 2002 FINKELSTEIN J 6 MAY 2003 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY V 378 of 2002

BETWEEN: CGM INVESTMENTS PTY LIMITED,

A WHISTLE & CO (1979) PTY LIMITED and

A WHISTLE & CO PTY LIMITED

Applicants

AND: CHARLES CHELLIAH,

MULSANNE HOLDINGS PTY LTD,

WALLERA PTY LTD,

NARENDRA JAIN and

NANDINI PATEL

Respondents

JUDGE: FINKELSTEIN J

DATE OF ORDER: 6 MAY 2003

WHERE MADE: MELBOURNE

THE COURT ORDERS THAT: 1. The third, fourth and fifth respondents pay eighty per cent (80%) of the applicants' costs of the application against these respondents, such costs to be taxed on a party and party basis. 2. The applicants pay the third, fourth and fifth respondents' costs thrown away after 26 September 2002 by reason of its abandonment of the allegation that the respondents were estopped from contending that the franchise agreement made on 21 August 1984 was still in force. 3. The applicants and the first and second respondents bear their own costs in relation to the applicants' claim against these respondents and in relation to the cross-claim brought by these respondents against the applicants. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.