Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd [2007] FCA 1497

FEDERAL COURT OF AUSTRALIA

Fubilan Catering Services Limited v Compass Group (Australia) Pty Ltd [2007] FCA 1497

COSTS - cross-claim – indemnity and contribution in relation to principal proceedings – cross-claimant successful in principal proceedings – cross-claim dismissed – whether notwithstanding dismissal cross-respondents and applicant in principal proceedings should pay cross-claimants' costs – no punitive basis for departure from the ordinary rule – respondents considered principal proceedings hopeless – cross-claim warranted but not necessary – cross-respondents awarded costs against cross-claimants – first applicant to indemnify cross-claimants in respect of costs order against cross-respondents Gladstone Park Shopping Centre Pty Ltd v Ross Wills (1984) 6 FCR 496 Edginton v Clark [1964] 1 QB 367 Thomas v Times Book Co Ltd [1966] 1 WLR 911 FUBILAN CATERING SERVICES LIMITED (INCORPORATED IN PAPUA NEW GUINEA) AND MINERAL RESOURCES STAR MOUNTAINS LIMITED (INCORPORATED IN PAPUA NEW GUINEA) v COMPASS GROUP (AUSTRALIA) PTY LTD (ACN 000 683 125), EUREST (SOUTH PACIFIC) LIMITED (INCORPORATED IN PAPUA NEW GUINEA), COMPASS GROUP PLC (INCORPORATED IN THE UNITED KINGDOM), COMPASS GROUP (AUSTRALIA) PTY LTD (ACN 000 683 125), EUREST (SOUTH PACIFIC) LIMITED (INCORPORATED IN PAPUA NEW GUINEA), COMPASS GROUP PLC (INCORPORATED IN THE UNITED KINGDOM), MOROCCO HOLDINGS PTY LTD AND WILLIAM FENWICK WAD 252 OF 2003

FRENCH J

26 SEPTEMBER 2007

PERTH IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 252 OF 2003

BETWEEN: FUBILAN CATERING SERVICES LIMITED (INCORPORATED IN PAPUA NEW GUINEA)

First Applicant

MINERAL RESOURCES STAR MOUNTAINS LIMITED (INCORPORATED IN PAPUA NEW GUINEA)

Second Applicant

AND: COMPASS GROUP (AUSTRALIA) PTY LTD

(ACN 000 683 125)