Green, Allan Heyward & Ors v McInnes Packing Pty Ltd & Ors Peake, Stuart Frederick & Ors v McInnes Packing Pty Ltd & Ors Welsh, Michael Francis & Ors v McInnes Packing Pty Ltd & Ors Lewis, Brian Keith & Ors v McInnes Packing Pty Ltd & Ors [1996] FCA 578

Green, Allan Heyward & Ors v McInnes Packing Pty Ltd & Ors Peake, Stuart Frederick & Ors v McInnes Packing Pty Ltd & Ors Welsh, Michael Francis & Ors v McInnes Packing Pty Ltd & Ors Lewis, Brian Keith & Ors v McInnes Packing Pty Ltd & Ors [1996] FCA 578

Applicants are not to be awarded any costs of the proceedings against either respondent after 10 April 1996 insofar as those costs include any charges or expenses concerning liability, as after that date only quantum remained in issue.

Jurisdiction
Australia
Judgment Date
04 July 1996
Procedural Posture
General Division Civil Proceedings / Post Settlement; Costs Determination
Outcome
Orders made regarding costs; applicants to recover costs except for post-10 April 1996 liability-related costs
Legal Topics
['costs' 'settlement Procedure' 'indemnity']
['civil Procedure'] ['costs' 'settlement Procedure' 'indemnity']

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Procedural Posture

General Division Civil Proceedings / Post Settlement; Costs Determination

Legal Issues

  1. 1 ["Whether McInnes Packing Pty Limited is liable for applicants' costs against Auscott Limited up to and including 4 July 1996 or only up to and including 10 April 1996" 'Whether costs incurred after 10 April 1996 relating to liability should be recoverable']

Ratio Decidendi

Applicants are not to be awarded any costs of the proceedings against either respondent after 10 April 1996 insofar as those costs include any charges or expenses concerning liability, as after that date only quantum remained in issue.

Court Disposition

Orders made regarding costs; applicants to recover costs except for post-10 April 1996 liability-related costs

Orders

  • ['In all matters (NG 497, NG 500, NG 501, NG 503 of 1995), orders as per signed Short Minutes (Draft Orders 1 and 3)' "First respondent shall pay applicants' costs and disbursements as agreed or taxed, including costs of proceedings against the first respondent and the second respondent, except for costs incurred...