Graham Barclay Oysters Pty Ltd v Ryan (No 2) [2000] FCA 1220

Graham Barclay Oysters Pty Ltd v Ryan (No 2) [2000] FCA 1220

There were no special circumstances or unreasonable conduct by the respondents to warrant an order for indemnity costs; the established practice of party and party costs was applied.

Parties
First Appellant / Cross Respondent / Respondent / Third Respondent: Graham Barclay Oysters Pty Limited; Second Appellant / Respondent / Third Respondent / Fourth Respondent: Graham Barclay Distributors Pty Limited; First Respondent / Cross Appellant: Grant Ryan; First Respondents (group): Scott Callaghan, Kevin Gower, David Holness, Geoffrey Bennett, Bryan Hocking, Brosow Hardy; Appellant / Second Respondent: Great Lakes Council; Appellant / Third Respondent / Fourth Respondent: State of New South Wales; Fifth Respondent: Clift Oysters Pty Limited; Sixth Respondent: M W & E A Sciacca Pty Limited; Seventh Respondent: Tadeven Pty Limited; Eighth Respondent: The Oyster Farmers Association of New South Wales Pty Limited; Ninth Respondent: R A King (Wholesale) Pty Ltd; Tenth Respondent: Manettas Limited; Eleventh Respondent: Shonid Pty Limited (trading as Tim & Terry Oyster Supply Pty Limited); Twelfth Respondent: Victorian Frozen Food Distributors Pty Limited (trading as Richmond Oysters); Thirteenth Respondent: Smiths Oyster Service Pty Limited; Fourteenth Respondent: Georges Oysters Pty Ltd
Jurisdiction
Australia
Judgment Date
31 August 2000
Procedural Posture
Appeal / Costs Determination Following Appeal
Outcome
Application for indemnity costs refused; costs to be on a party and party basis.
Legal Topics
Costs, Group Proceedings, Indemnity Costs, Representative Proceedings
Practice and Procedure Costs Group Proceedings Indemnity Costs Representative Proceedings

Case Brief

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Parties

Graham Barclay Oysters Pty Limited

First Appellant / Cross Respondent / Respondent / Third Respondent

Graham Barclay Distributors Pty Limited

Second Appellant / Respondent / Third Respondent / Fourth Respondent

Grant Ryan

First Respondent / Cross Appellant

Scott Callaghan, Kevin Gower, David Holness, Geoffrey Bennett, Bryan Hocking, Brosow Hardy

First Respondents (group)

Great Lakes Council

Appellant / Second Respondent

State of New South Wales

Appellant / Third Respondent / Fourth Respondent

Clift Oysters Pty Limited

Fifth Respondent

M W & E A Sciacca Pty Limited

Sixth Respondent

Tadeven Pty Limited

Seventh Respondent

The Oyster Farmers Association of New South Wales Pty Limited

Eighth Respondent

R A King (Wholesale) Pty Ltd

Ninth Respondent

Manettas Limited

Tenth Respondent

Shonid Pty Limited (trading as Tim & Terry Oyster Supply Pty Limited)

Eleventh Respondent

Victorian Frozen Food Distributors Pty Limited (trading as Richmond Oysters)

Twelfth Respondent

Smiths Oyster Service Pty Limited

Thirteenth Respondent

Georges Oysters Pty Ltd

Fourteenth Respondent

Procedural Posture

Appeal / Costs Determination Following Appeal

Legal Issues

  1. 1 Whether costs for successful representative party in group proceeding should be on indemnity basis rather than usual party and party basis under Part IVA of the Federal Court of Australia Act 1976 (Cth).

Ratio Decidendi

There were no special circumstances or unreasonable conduct by the respondents to warrant an order for indemnity costs; the established practice of party and party costs was applied.

Court Disposition

Application for indemnity costs refused; costs to be on a party and party basis.

Orders

  • The orders for costs made on 9 August 2000 take effect forthwith.