Perre v Apand Pty Ltd [2004] FCA 881

Perre v Apand Pty Ltd [2004] FCA 881

Risu is entitled to costs on a party/party basis rather than indemnity basis due to absence of unethical conduct or unarguable case by applicants; costs are payable from the fund and forthwith, given the amount in the fund and parties' interests.

Parties
First to Eleventh Applicant / First to Eleventh Cross Respondent: Frank Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Caterina Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Pasquale Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Mary Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Guiseppe Domenico Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Maria Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Jim Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Frances Perre; First to Eleventh Applicant / First to Eleventh Cross Respondent: Warruga Farms Pty Ltd; First to Eleventh Applicant / First to Eleventh Cross Respondent: Perre's Vineyards Pty Ltd; First to Eleventh Applicant / First to Eleventh Cross Respondent: Grace Perre; Solicitor for First to Eleventh Applicants/first to Eleventh Cross Respondents: Slater & Gordon; Twelfth to Fourteenth Applicant: Rangara Pty Ltd; Twelfth to Fourteenth Applicant: Francesco Perre; Twelfth to Fourteenth Applicant: Maria Perre; Respondent: Apand Pty Ltd; Cross Respondent / Cross Claimant / Intervener: Risu Nominees Pty Ltd; Cross Respondent / Cross Claimant / Intervener: Richard Dunstone Townsend; Cross Respondent / Cross Claimant / Intervener: John Andrew Morcombe; Cross Respondent / Cross Claimant / Intervener: John Sheahan (as trustee in bankruptcy for Leo John Reynolds); Solicitor for Cross Respondents and Cross Claimants: Thomson Playford
Jurisdiction
Australia
Judgment Date
08 July 2004
Procedural Posture
Interlocutory Application for Costs in Civil Proceedings / Post Settlement, Determination of Costs and Enforcement Orders
Outcome
Application for indemnity costs refused; costs to Risu on party/party basis; costs to be paid from fund and forthwith.
Legal Topics
Solicitor's Lien, Priority of Claims, Party/party Vs Indemnity Costs, Costs Payable From Fund
Civil Procedure Equity Costs Solicitor's Lien Priority of Claims Party/party Vs Indemnity Costs Costs Payable From Fund

Case Brief

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Parties

Frank Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Caterina Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Pasquale Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Mary Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Guiseppe Domenico Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Maria Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Jim Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Frances Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Warruga Farms Pty Ltd

First to Eleventh Applicant / First to Eleventh Cross Respondent

Perre's Vineyards Pty Ltd

First to Eleventh Applicant / First to Eleventh Cross Respondent

Grace Perre

First to Eleventh Applicant / First to Eleventh Cross Respondent

Slater & Gordon

Solicitor for First to Eleventh Applicants/first to Eleventh Cross Respondents

Rangara Pty Ltd

Twelfth to Fourteenth Applicant

Francesco Perre

Twelfth to Fourteenth Applicant

Maria Perre

Twelfth to Fourteenth Applicant

Apand Pty Ltd

Respondent

Risu Nominees Pty Ltd

Cross Respondent / Cross Claimant / Intervener

Richard Dunstone Townsend

Cross Respondent / Cross Claimant / Intervener

John Andrew Morcombe

Cross Respondent / Cross Claimant / Intervener

John Sheahan (as trustee in bankruptcy for Leo John Reynolds)

Cross Respondent / Cross Claimant / Intervener

Thomson Playford

Solicitor for Cross Respondents and Cross Claimants

Procedural Posture

Interlocutory Application for Costs in Civil Proceedings / Post Settlement, Determination of Costs and Enforcement Orders

Legal Issues

  1. 1 Should costs be awarded on a party/party or indemnity basis?
  2. 2 Should costs be payable from the fund and forthwith?
  3. 3 Entitlement to lien and priority over settlement fund

Ratio Decidendi

Risu is entitled to costs on a party/party basis rather than indemnity basis due to absence of unethical conduct or unarguable case by applicants; costs are payable from the fund and forthwith, given the amount in the fund and parties' interests.

Court Disposition

Application for indemnity costs refused; costs to Risu on party/party basis; costs to be paid from fund and forthwith.

Orders

  • All costs ordered to be paid in order 7 of the orders made on 18 December, 2003 be on a party/party basis.
  • First to eleventh applicants to pay the costs of Risu Nominees Pty Ltd of and in relation to the trial set down for 22 April, 2004 such costs to be determined on a party/party basis.