Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Baygol Pty Ltd v Foamex Polystyrene Pty Ltd [2005] FCA 1089 COSTS – application for solicitor and client costs – exercise of discretion to award costs – factors to be taken into account in making a special order as to costs – whether matter disclosed any special or unusual features that would warrant an award of solicitor and client costs – whether claims were bound to fail – alleged Calderbank letter – whether proceedings were commenced for a proper purpose PRACTICE AND PROCEDURE – application to join litigation fund to the proceedings Calderbank v Calderbank [1975] 3 All ER 333 referred to Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 discussed Oshlack v Richmond River Council (1998) 193 CLR 72 applied BAYGOL PTY LTD (ACN 008 055 212) v FOAMEX POLYSTYRENE PTY LTD (ACN 088 759 264) NSD 1530 OF 2003 TAMBERLIN J SYDNEY 16 AUGUST 2005
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1530 OF 2003
BETWEEN: BAYGOL PTY LTD
(ACN 008 055 212)
APPLICANT/CROSS RESPONDENT
AND: FOAMEX POLYSTYRENE PTY LTD
(ACN 088 759 264)
RESPONDENT/CROSS-CLAIMANT
JUDGE: TAMBERLIN J
DATE OF ORDER: 16 AUGUST 2005
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application is refused. 2. The applicant is to pay the costs of the respondent of the appeal and this application for indemnity costs on a party and party basis. 3. The matter is stood over for further directions on 16 August 2005 at 9:30 am. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 1530 OF 2003
BETWEEN: BAYGOL PTY LTD
(ACN 008 055 212)
APPLICANT/ CROSS RESPONDENT
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