Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Natural Waters of Viti Limited v Dayals (Fiji) Artesian Waters Limited (No 2) [2007] FCA 555 NATURAL WATERS OF VITI LIMITED AND FIJI WATER (AUSTRALIA) PTY LIMITED (ACN 103 806 668) v DAYALS (FIJI) ARTESIAN WATERS LIMITED, PRANESH DAYAL AND JAY PRAKASH DAYAL NSD 658 OF 2006
BENNETT J
18 APRIL 2007
SYDNEY IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY NSD 658 OF 2006
BETWEEN: NATURAL WATERS OF VITI LIMITED
First Applicant
FIJI WATER (AUSTRALIA) PTY LIMITED (ACN 103 806 668)
Second Applicant
AND: DAYALS (FIJI) ARTESIAN WATERS LIMITED
First Respondent
PRANESH DAYAL
Second Respondent
JAY PRAKASH DAYAL
Third Respondent
JUDGE: BENNETT J
DATE OF ORDER: 18 APRIL 2007
WHERE MADE: SYDNEY
THE COURT ORDERS THAT:
1. The applicants are to pay the respondents costs on a party and party basis. 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 658 OF 2006
BETWEEN: NATURAL WATERS OF VITI LIMITED
First Applicant
FIJI WATER (AUSTRALIA) PTY LIMITED (ACN 103 806 668)
Second Applicant
AND: DAYALS (FIJI) ARTESIAN WATERS LIMITED
First Respondent
PRANESH DAYAL
Second Respondent
JAY PRAKASH DAYAL
Third Respondent
JUDGE: BENNETT J
DATE: 18 APRIL 2007
PLACE: SYDNEY
REASONS FOR JUDGMENT 1 In Natural Waters of Viti Limited v Dayals (Fiji) Artesian Waters Limited [2007] FCA 200 I ordered that the application be dismissed. The parties have now filed submissions on costs. 2 Recognising that, in the ordinary course, they would be required to pay the respondents' ('Dayals') costs, the applicants ('Natural Waters') seek an order that they pay only 75% of those costs, on the basis that Dayals unnecessarily prolonged the final hearing. That prolongation occurred, Natural Waters submits, by Dayals putting the reputation of and goodwill associated with the get-up of the Natural Waters product, Fiji Water, in issue. 3 Dayals, on the other hand, seek indemnity costs or, in the alternative, fifty percent of their costs on an indemnity basis or, in the further alternative, costs on an indemnity basis from 11 December 2006. The further alternative relates to an offer to settle the proceedings made on that date, during the course of the hearing.
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