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

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

Given there was no punitive or exceptional basis to depart from the ordinary rule, cross-claimants must pay the cross-respondents' costs of the cross-claim. However, since the first applicant instigated principal claims involving the matters in the cross-claim, it should indemnify the cross-claimants for costs payable to the cross-respondents.

Jurisdiction
Australia
Judgment Date
26 September 2007
Procedural Posture
Civil / Post Trial: Costs Determination
Outcome
Cross-claimants ordered to pay cross-respondents' costs of the cross-claim; first applicant ordered to indemnify cross-claimants for those costs
Legal Topics
['costs' 'cross Claims' 'indemnity and Contribution']
['civil Procedure'] ['costs' 'cross Claims' 'indemnity and Contribution']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Civil / Post Trial: Costs Determination

Legal Issues

  1. 1 ['Whether cross-claimants, despite dismissal of their cross-claim, should be awarded costs against the cross-respondents and/or first applicant' 'Whether there is a basis to depart from the ordinary rule that costs follow the event' 'Whether the first applicant should indemnify cross-claimants for costs ordered against them to pay to cross-respondents']

Ratio Decidendi

Given there was no punitive or exceptional basis to depart from the ordinary rule, cross-claimants must pay the cross-respondents' costs of the cross-claim. However, since the first applicant instigated principal claims involving the matters in the cross-claim, it should indemnify the cross-claimants for costs payable to the cross-respondents.

Court Disposition

Cross-claimants ordered to pay cross-respondents' costs of the cross-claim; first applicant ordered to indemnify cross-claimants for those costs

Orders

  • ["The cross-claimants are to pay the cross-respondents' costs of the cross-claim." 'The first applicant is to pay to the cross-claimants the costs which they are required to pay to the cross-respondents pursuant to the preceding order.']