BP Australia Pty Limited v Nyran Pty Limited [2003] FCA 1308

FEDERAL COURT OF AUSTRALIA

BP Australia Pty Limited v Nyran Pty Limited [2003] FCA 1308 COSTS – application for construction of fuel supply agreement – respondent wholly successful on application – respondent partially successful on cross-claim – whether costs should follow the event – whether scale of costs should be varied Federal Court Act 1976 (Cth) s 43 Federal Court Rules 62 r 4(2), O 62 r 12(1), O 62 r 22 Australia China Business Bureau Pty Ltd v MCP Australia Pty Ltd [2003] FCA 1121 applied Cretazzo v Lombardi (1975) 13 SASR 4 cited Dodds Family Investments Pty Ltd v Lane Industries Pty Ltd (1993) 26 IPR 261 cite Donald Campbell & Co v Pollack [1927] AC 732 cited Forster v Farquhar [1893] 1 QB 564 cited Hughes v Western Australian Cricket Association Inc (1986) ATPR 40-748 cited Ritter v Godfrey [1920] 2 KB 47 cited BP AUSTRALIA PTY LIMITED v NYRAN PTY LIMITED W144 of 2002 RD NICHOLSON J 14 NOVEMBER 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W144 OF 2002

BETWEEN: BP AUSTRALIA PTY LIMITED

(ACN 004 085 616)

(FORMERLY BP AUSTRALIA LIMITED)

APPLICANT

AND: NYRAN PTY LIMITED

(ACN 056 571 530)

RESPONDENT

NYRAN PTY LIMITED

(ACN 056 571 530)

CROSS CLAIMANT

BP AUSTRALIA PTY LIMITED

(ACN 004 085 616)

(FORMERLY BP AUSTRALIA LIMITED)

CROSS RESPONDENT

JUDGE: RD NICHOLSON J

DATE OF ORDER: 14 NOVEMBER 2003

WHERE MADE: PERTH

MINUTE OF ORDERS IN RELATION TO COSTS: 1. The applicant pay: (a) the respondent's costs on the applicant's application (save for the costs in relation to the enquiry ordered on 22 August 2003, which costs are reserved pending the conclusion of the enquiry), including any reserved costs; and (b) 50 per cent of the respondent's costs on its cross-claim (including the costs of all reserved decisions in which the respondent was successful); forthwith, to be agreed or in default of agreement taxed subject to: (a) the respondent's costs including the reasonable fees of two counsel (not limited to their fees at trial); (b) the taxing officer making reasonable allowance for: (i) the briefing of senior and junior counsel to appear at trial; (ii) fees for the settling of pleadings by senior and junior counsel; (iii) other fees rendered by senior and junior counsel in respect of advice and other work reasonably undertaken by counsel. (iv) fees payable to solicitors; (v) the cost of transcript; (vi) the attendance of 3 instructing solicitors at the trial (from time to time). Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.