Dowdell v Knispel Fruit Juices Pty Ltd [2003] FCA 1276

FEDERAL COURT OF AUSTRALIA

Dowdell v Knispel Fruit Juices Pty Ltd [2003] FCA 1276

COSTS – multi respondents – costs against former parties Federal Court of Australia Act 1976 (Cth) s 43 Dowdell v Knispel Fruit Juices Pty Ltd [2003] FCA 851 Hughes v Western Australian Cricket Association (Inc) (1986) ATPR 40-748 Cretazzo v Lombardi (1975) 13 SASR 4 Dansk Rekylriffel Syndikat Aktieselskab v Snell [1908] 2 Ch 127 Thorpe Nominees Pty Ltd v Henderson & Lahey [1988] 2 Qd R 216 Knight v F.P. Special Assets Ltd (1992) 174 CLR 178 Trade Practices Commission v Nicholas Enterprises Pty Ltd (1979) 28 ALR 201 R Quick, Quick on Costs, Lawbook Co, Sydney, 2001, vol 2

JOANNE DOWDELL v KNISPEL FRUIT JUICES PTY LTD (trading as Nippys) ACN 007 841 492 and Ors S 20 OF 1999 SELWAY J 11 NOVEMBER 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 20 OF 1999

BETWEEN: JOANNE DOWDELL

APPLICANT

AND: KNISPEL FRUIT JUICES PTY LTD (trading as Nippys)

ACN 007 841 492

RESPONDENT / CROSS-CLAIMAINT

NIPPY'S WAIKERIE PRODUCERS PTY LTD

ACN 008 038 195

FIRST CROSS-RESPONDENT

PETER CONSTAS

SECOND CROSS-RESPONDENT

THEO CONSTAS

THIRD CROSS-RESPONDENT

JUDGE: SELWAY J

DATE OF ORDER: 11 NOVEMBER 2003

WHERE MADE: ADELAIDE

THE COURT ORDERS: 1. Save only for the costs the subject of order 2, Peter Constas and Theo Constas shall pay the costs of the respondent Knispel Fruit Juices Pty Ltd in the proceedings for which judgment was given in Dowdell v Knispel Fruit Juices Pty Ltd [2003] FCA 851. Such costs are inclusive of such future costs in relation to the cross-respondents (or any of them) as may reasonably be incurred by Knispel Fruit Juices Pty Ltd in relation to the assessment of damages pursuant to par 6 of the order made on 13 August 2003. 2. In relation to the issue of the extent of any damages suffered by the respondent: (a) Peter Constas and Theo Constas shall pay to the respondent Knispel Fruit Juices Pty Ltd 50 per cent of the costs of the respondent; and (b) American Home Assurance Company, AMP General Insurance Ltd and CGU Insurance Ltd shall pay to the respondent Knispel Fruit Juices Pty Ltd 50 per cent of the costs of the respondent. 3. Peter Constas and Theo Constas shall pay the costs of the first cross-respondent Nippy's Waikerie Producers Pty Ltd in the proceedings for which judgment was given in Dowdell v Knispel Fruit Juices Pty Ltd [2003] FCA 851. 4. In each instance the costs ordered to be paid do not include any costs incurred by any party in relation to the claim by Knispel Fruit Juices Pty Ltd against the Citrus Marketing Board or the claims by Nippy's Waikerie Producers Pty Ltd against American Home Assurance Company, AMP General Insurance Ltd and CGU Insurance Ltd. 5. Costs to be taxed in the absence of agreement. 6. The parties be at liberty to apply upon reasonable notice. Note: Settlement and entry of orders is dealt with in O 36 of the Federal Court Rules.