Dowdell v Knispel Fruit Juices Pty Ltd (trading as “Nippy’s”) ACN 007 841 492 [2007] FCA 650

FEDERAL COURT OF AUSTRALIA

Dowdell v Knispel Fruit Juices Pty Ltd (trading as "Nippy's") ACN 007 841 492 [2007] FCA 650 JOANNE DOWDELL v KNISPEL FRUIT JUICES PTY LTD (TRADING AS "NIPPY'S") ACN 007 841 492, NIPPY'S WAIKERIE PRODUCERS PTY LTD ACN 006 038 195, PETER CONSTAS, THEO CONSTAS, AMERICAN HOME ASSURANCE ACN 007 483 267, AMP GENERAL INSURANCE LIMITED ACN 008 405 632, CGU INSURANCE LIMITED ACN 004 478 371, CITRUS BOARD OF SOUTH AUSTRALIA AND QBE HOLDINGS (AUSTRALIA) LIMITED ACN 000 157 899 SAD 20 OF 1999

LANDER J

8 MAY 2007

ADELAIDE IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY SAD 20 OF 1999

BETWEEN: JOANNE DOWDELL

Applicant

AND: KNISPEL FRUIT JUICES PTY LTD (TRADING AS "NIPPY'S") ACN 007 841 492

Respondent/Cross-Claimant

NIPPY'S WAIKERIE PRODUCERS PTY LTD ACN 006 038 195

First Cross-Respondent

PETER CONSTAS

Second Cross-Respondent

THEO CONSTAS

Third Cross-Respondent

AMERICAN HOME ASSURANCE ACN 007 483 267

Fourth Cross-Respondent

AMP GENERAL INSURANCE LIMITED ACN 008 405 632

Fifth Cross-Respondent

CGU INSURANCE LIMITED ACN 004 478 371

Sixth Cross-Respondent

CITRUS BOARD OF SOUTH AUSTRALIA

Seventh Cross-Respondent

QBE HOLDINGS (AUSTRALIA) LIMITED ACN 000 157 899

Eighth Cross-Respondent

JUDGE: LANDER J DATE OF ORDER: 8 MAY 2007

WHERE MADE: ADELAIDE

THE COURT ORDERS THAT:

1. The First Cross-Respondent pay to the Cross-Claimant the sum of $1,816,152.55 by way of final assessment of the damages to which the Cross-Claimant is entitled to receive from the First Cross-Respondent pursuant to Declaration 1.2 made by Selway J on 13 August 2003. 2. The First Cross-Respondent pay to the Cross-Claimant interest on the sum of $1,816,152.55 in the amount of $23,322.72 pursuant to Declaration 1.6 made by Selway J on 13 August 2003. 3. The First Cross-Respondent pay to the Cross-Claimant the sum of $500,000 by way of final assessment of the damages to which the Cross-Claimant is entitled to receive from the First Cross-Respondent pursuant to Declaration 1.4 made by Selway J on 13 August 2003. 4. The First Cross-Respondent pay to the Cross-Claimant interest on the sum of $500,000 in the amount of $120,000 pursuant to Declaration 1.6 made by Selway J on 13 August 2003. 5. The Second and Third Cross-Respondents pay to the First Cross-Respondent the sum of $2,459,475.27 by way of final assessment of the damages and interest to which the First Cross-Respondent is entitled to receive from the Second and Third Cross-Respondents pursuant to Declaration 2 made by Selway J on 13 August 2003. 6. The Second and Third Cross-Respondents pay the Cross-Claimant's costs and disbursements of the proceedings for which judgment was given in Dowdell v Knispell Fruit Juices Pty Ltd [2003] FCA 851 in the amount of $1,212,500. 7. The question of the costs of and incidental to the Cross-Claimant's further amended notice of motion filed herein on 23 March 2006 be adjourned to a date to be fixed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.