NSW Caselaw
New South Wales Supreme Court
CITATION : Baan Australia Pty Ltd v George Weston Foods Ltd [2000] NSWSC 742 CURRENT JURISDICTION: Equity Division Commercial List FILE NUMBER(S) : SC 50217/97 HEARING DATE(S) : 21 July 2000 JUDGMENT DATE : 28 July 2000
PARTIES : Baan Australia Pty Limited (Plaintiff/Cross Defendant) George Weston Foods Limited (Defendant/Cross Claimant) JUDGMENT OF : Bergin J
COUNSEL : AJL Bannon SC/AJ Payne (Plaintiff Cross Defendant) S Finch SC/D Studdy (Defendant/Cross Claimant) SOLICITORS : Clayton Utz (Plaintiff/Cross Defendant) Gilbert & Tobin (Defendant/Cross Claimant) CATCHWORDS : Application for indemnity costs in circumstances of an abandonment of part of the case during the hearing. Ragata Developments Pty Ltd v Westpac Banking Corporation & Anor (Davies J, FCA, 5 February 1993, unreported) CASES CITED : Colgate Palmolive Co & Anor v Cussons Pty Ltd (1993) 46 FCR 225 Multicon Engineering Pty Ltd v Federal Airports Corporation (1996) 138 CLR 425 NRMA Insurance Ltd v FR Coyle Pty Ltd & Ors (Cole J, NSWSC, 13 May 1994, unreported) DECISION : Application refused.
THE SUPREME COURT OF NEW SOUTH WALES COMMERICIAL DIVISION
BERGIN J
28 JULY 2000
50217/97 - BAAN AUSTRALIA PTY LIMITED v GEORGE WESTON FOODS LIMITED
JUDGMENT 1 In this matter I delivered judgment on 8 June, 2000 in respect of a separate determination of questions pursuant to Part 31 rule 2 of the Supreme Court Rules. On 9 June, 2000 orders were made including an order that the cross claimant, George Weston Foods Limited (GWF) pay each of the cross defendant's, Baan Australia Pty Limited and Baan Company NV (Baan) costs of the separate hearing. 2 The question as to whether the costs ought to be paid on an indemnity basis was reserved. 3 On 21 July, 2000, pursuant to a Notice of Motion, Baan sought an order that GWF pay on an indemnity basis Baan's costs "of and occasioned by the representations case, being paragraphs 9-14 inclusive, 19, 20 - 23 inclusive and 60 - 185 inclusive of the contentions contained in the Amended Cross Claim" (Order 3).
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