Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Ringrow Pty Limited v BP Australia Pty Limited [2006] FCA 1446
COSTS – legal costs – whether successful party in litigation able to recover costs as damages under contractual arrangements – effect of curial costs order – interpretation of contractual indemnity - where issues litigated at trial and on appeal differ
CONTRACTS – general contractual principles – construction and interpretation of contracts – interpretation of indemnity providing for recovery of costs
Held – cross-claimant entitled to recovery of costs of defending and cross-claiming in proceedings in Federal Court but not the costs of appeals in the Full Federal Court and High Court; costs recoverable on an indemnity basis and recovery limited to costs incurred 'properly and in good faith'
Andar Transport Pty Ltd v Brambles Ltd (2004) 217 CLR 424 followed Ankar Pty Ltd v National Westminster Finance (Australia) Ltd (1987) 162 CLR 549 applied Cotterell v Stratton (1872) LR 8 Ch App 295 applied Dryden v Frost (1838) 3 My & Cr 670 at 675 considered Dunlop Pneumatic Tyre Co Ltd v New Garage and Motor Co Ltd [1915] AC 79 cited Elders Trustee & Executor Co Ltd v EG Reeves Pty Ltd (1998) 84 ALR 734 considered Elders Trustees & Executor to Ltd v Eagle Star Nominees Ltd (1986) 4 BPR 9205 applied Gomba Holdings (UK) Ltd v Minories Finance Ltd (No 2) [1993] Ch 171 discussed and applied Maggbury Pty Ltd v Hafele Australia Pty Ltd (2001) 210 CLR 181 applied Maher v Network Finance Ltd (1986) 4 NSWLR 694 considered McCann v Switzerland Insurance Australia Ltd (2000) 203 CLR 579 cited National Provincial Bank of England v Games (1886) 31 Ch D 582 applied Pan Australia Shipping Pty Ltd v The Ship 'Comandate' (No 2) [2006] FCA 1112 considered Port of Melbourne Authority v Anshun Pty Limited (1981) 147 CLR 589 applied Potter v Dickenson (1905) 2 CLR 668 considered Re Shanahan (1941) 58 WN (NSW) 132 considered Ringrow Pty Ltd v BP Australia Pty Ltd (2004) 209 ALR 32 discussed and explained Ringrow Pty Ltd v BP Australia Pty Ltd (2005) 222 ALR 306 discussed and explained Ringrow Pty Ltd v BP Australia Pty Ltd [2003] FCA 1466 considered Sandtara Pty Ltd v Australian European Finance Corporation Ltd (1990) 20 NSWLR 82 applied Skalkos v T&S Recoveries Pty Ltd (2004) 65 NSWLR 151 cited Wilkie v Gordian Runoff Ltd (2005) 221 CLR 522 cited
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